Registering a trademark is the beginning of protection. Enforcing it, and preventing others from registering something confusingly similar, is where the value is realised.
Opposition
Applications are published to allow anyone with an interest to oppose. Where a published mark is confusingly similar to yours, opposition within the prescribed period is far cheaper and simpler than challenging a registration afterwards.
This requires actually monitoring the journal. Businesses that do not watch it lose the opportunity by default.
Infringement
Where a registered mark is used without authorisation in relation to the goods or services for which it is registered, infringement proceedings are available. Remedies can include injunction, damages or an account of profits, and delivery up of infringing material.
Passing off protects unregistered marks
Where a mark is unregistered, the action of passing off may still protect goodwill built up in it. It is harder to establish than infringement, because reputation and confusion must be proved rather than presumed from the register.
This is the strongest practical argument for registering rather than relying on use.
Evidence of use
- Dated samples of packaging, labelling and advertising
- Invoices and sales records showing the mark in use
- Evidence of the geographic extent of trading
- Instances of actual customer confusion, where they exist
Act promptly
Delay weakens enforcement. A proprietor who tolerated an infringement for years has a harder case than one who objected on discovering it, particularly when seeking urgent relief.
What to do next
Bring the registration certificate, evidence of use, and details of the conflicting mark or use, including when you first became aware of it.