Question
As a startup, we are not operating with a lot of cash lying around and trademarks could be expensive. If there is a pretty unique name, at what point does a registration become essential? Another aspect would be that like many startups we target customers via on-line channels, so I am wondering if a registration in just one country would even have such a big effect.
Answers: 4 public & 0 private
TMs are important because they identify your company, they identify your brand. While TMs can be expensive, you may be able to initially get by with a TM registration in a single country just as a means to get your company name or brand out in the world, however, TMs, like patents, are territorial - you only actually have substantive rights within the country where the TM is used and or registered. Registration also provides notice to the world that the particular TM is yours - if you do not register the mark, the world will not necessarily "know" that you exist, and while TMs "attach" or begin to provide protection based upon usage, it may be more difficult to prove your existence, and your rights to the TM, without a registration.
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