Generally speaking, it is not necessary to register in order to have valid trademark rights. In the common law countries, trademark rights derive from the old English Common Law, are hence the mark is often called a common-law or unregistered trademark. As soon as a valid trademark has been properly used, these common-law trademark rights arise, but they are very weak rights. If a common-law trademark is infringed, then you can sue in the Courts, but you have only weak rights. For example, you must prove that there is "good will" associated with your mark. Also, these rights only extend to the locale where you have this reputation, and not anywhere else.

Registered Trademarks

The registration of a trademark entitles the owner to additional rights in addition to the common law protections. In addition, everyone is expected to know about any mark that is on the register. Thus, even if someone uses the mark without knowing about your registered trademark, they are considered to be infringing.

Advantages of Registered Trademarks

Registration of a trademark has many advantages. Here are some of the more important ones:

• It reserves the right of exclusive use across the country/region where it is registered. Thus, you can prevent someone from using your trademark even if they are across the country and you are not using your trademark there currently.
• Since the registry is a public record, it is assumed that everyone has knowledge of its contents. Thus, if someone adopts the same or a confusingly similar trademark, they are assumed to have done so with knowledge of your mark. They can then be stopped from using your mark and/or sued for infringement.
• Once you have registered your trademark, the Trademarks Office should refuse any other applications for registration of similar marks that might be confusing with yours. If the Office is in doubt, they are to send you notice of the pending application, so you can decide whether to oppose it.
• If your mark is registered under the trademarks law, then you can use the trademarks law action for infringement. This is a much quicker, broader and less expensive route than the common-law action for infringement.
• It is assumed that your trademark already has "goodwill", so you do not have to prove it in court.
• It is much more difficult for anyone to challenge the validity of your trademark, particularly after five(5) years of being registered.
• It is easier to license someone else to use your trademark.
• A registered trademark can add considerably to the value of your business, especially if you are selling it or trying to get new investors. A registered trademark 'solidifies'  the goodwill of the business into a far stronger asset that can be protected, expanded and even sold separately.