It is not necessary to register in order to have valid trademark
rights. Such 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. Many people and businesses
complained to the government about how difficult and expensive
it was to protect their trademarks. As a result, Parliament
enacted a Trade-marks Act. This Act set up a register of
trademarks, where one can apply. If the necessary requirements
were met, such as not being confusing with another mark, not too
descriptive, etc., the mark will likely be put on the register.
This entitles th