Don’t just build the brand of your business; protect it. Your brand is more than just a name, slogan, symbol, or a logo. It is an intangible asset that holds great economic value. We spend years investing our energy, resources, and creativity to carve out a niche in the market. Over time, that effort builds recognition, trust, and a reputable brand that is closely associated with the quality of our products or services.
Legal battle
But somewhere along the way, a counterfeit brand, logo, slogan, name or other form of trademark may emerge, creating confusion in the marketplace and, in some cases, diverting customers who have come to trust our trademark. What grew to become a successful business can suddenly be exposed to a legal battle to defend what we believed we were rightfully entitled.It is often at this point that businesses realizethat legal protection of a trademark is not just a legal formality but a business strategy.
Registration
Depending on the territorial zone that one markets their goods or services, one can choose to register their trademark locally, within the African region or internationally. Registering your trademark as you build and scale your business is crucial because it provides you with exclusive legal ownership of the mark in connection to the class of goods or services to which the mark is used and within the territory where you have registered the mark.
With a proper legal ownership of a trademark (certificate of registration of a trademark) you scale up your legal rights in seeking legal remedies for trademark infringement. The available legal remedies include an injunction order to restrain the infringer from using the mark, monetary damages for incurred losses including a requirement for the infringer to account for profits earned by wrongfully using the mark, an order for forfeiture or destruction of the infringing goods including any labels or packaging materials bearing the infringed mark, or imposition of a fine or imprisonment where the infringer has been subjected to criminal proceedings.
Notably, the certificate of registration of a trademark, grants its holder legal rights to exercise commercial value of the mark by selling or assigning the mark. Your brand is your business. It is the reputable brand that sells and builds your business. Therefore, a proactive business owner should prioritize to legally protect their brand as a valuable business asset.
The writer is the managing partner at Karanja Law and Co. Advocates. Kindly share your feedback via: info@karanjalaw.co.ke.
