A right to a trademark by means of establishment is obtained by using the trade mark in a company's business. Usually the time for getting a right to a trademark through establishment is quite long, but for example with extensive advertisement it can be shortened.
According to the Trademark Act a right to a trademark through establishment is obtained when a trademark is commonly known in the relevant business sector as an identification of some certain goods. It is not necessary that everyone in a relevant business sector knows the trade mark or that they know whose mark it is. A general rule is that over 50 per cent of the people in a relevant business sector has to know that a certain mark is connected to some certain goods.
Naturally, it is much easier to obtain a right to a trademark through registration.
The content of this article is intended to provide a general guide on the subject matter. Specialist advice should be sought about your specific circumstances.
Intellectual Property - Trademarks - Obtaining a Trademark Through Establishment
