Friday, December 08, 2006 Common myths about trademarks By Clint Fabiosa & Andrew Ong I.Protect
Myth: Trademark registration search is enough insurance that no other entity is using the mark.
While trademark registration follows the first-to-file rule, the law also protects those who are prior users of the mark in good faith. Thus, if one aims to gain monopoly over a mark, it is wise to make a survey of the corporate, business, or trade name registrations, to ensure that no prior user in good faith is using the mark.
You do not want to spend money to advertise your products or services through your mark — and create goodwill and gain a reputation — only to discover that some other entity can have a free ride on your efforts because it is using the same mark as yours, albeit unregistered.
