Analysis of the Advantages of Trademark Registration Offer Compared with Relying on Unfair Competition or Passing-off to Enforce Rights over Trademarks

Abstract

Compared with relying solely on unfair competition or trademark infringement to maintain brand rights, trademark registration has obvious advantages. It provides statutory protection, ensuring that the rights of trademark owners are guaranteed by law. This registration also grants the exclusive right to use the mark, preventing others from using similar marks that may cause confusion. One of its most important benefits is the presumption of validity in court, thereby putting the onus on the challenger to prove otherwise. Once a trademark is registered, it is protected nationwide, regardless of where it is first used. In the event of infringement, a registered trademark can secure greater damages, potentially deterring illegal use. The enforcement procedure for registered trademarks is more streamlined, which facilitates faster resolution of issues. Registration can be a springboard for international expansion, allowing businesses to register trademarks in other countries more seamlessly. Essentially, for businesses keen to maintain their brand reputation and image, trademark registration is a better choice due to its comprehensive advantages.