Is it necessary to register a trademark to protect your brand?

Trademark registration is not absolutely necessary in order to protect your brand. However unregistered rights are very difficult to enforce as it can be tough to bring enough evidence to prove that you have a reputation, that the other party's use of a identical or similar name is a deceptive misrepresentation and that there is a serious likelihood of damage or that damage has already been suffered.

Enforcing unregistered rights is a very expensive and long procedure compared to enforcing a trademark registration. This is a factor if the other party believes that the owner of the goodwill cannot afford the resources needed to enforce an unregistered trademark and could be taken very lightly. Where as with a registered trademark, threats of infringement or damage are taken much more seriously as the legal rights obtain from registration are much stronger and easier to enforce.

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