Trademarks are signs or marks that can be visually displayed and used to distinguish one brand’s products and services from its competitors. A trademark should be a unique mark that comprises a device, symbol, ticket, label, number, word, letter, or one or more colors.
What Common Mistakes To Prevent While Registering Your Trademark
Here we have listed all the mistakes that happen frequently and why you should avoid making them.
1. Make Sure To Perform A Preliminary Search
Every corporation should undertake an initial label search in the local trademark registration prior to choosing a name or symbol. If the firm intends to grow internationally, it is best to conduct a thorough search in the WIPO Global Brand Database and a basic Google search.
The significance of trademark search stems from the fact that if a firm selects a label that is already permitted to another entity, the applicant corporation may have to defend itself in a trademark litigation war. This circumstance may force them to refrain from utilizing that specific symbol, leading to the loss of goodwill that the brand has built up.
2. Avoid Registering In The Wrong Class
Sometimes, applicants for trademark registration frequently fail to enroll their proposed symbol in the appropriate classifications of products or services. This decision becomes problematic since the firm will lose protection in the applicable class where they operate.
The NICE classification is the widely used difference between goods and services. Registering the mark in the incorrect class can lead to circumstances where they will be unable to correct their error. The company needs to submit a fresh application. It could be detrimental to the firms because it can result in needless waste of money and time.
3. Not Being Careful With Technical Errors In The Application
The trademark application might appear simple, but persons who are unfamiliar with these forms tend to make typical and often catastrophic errors. These errors may lead to the cancellation of the application or require a response to an Office Action.
Such mistakes are:
- Failing to comprehend the level of “use” needed to aid a use-based application
- Failing to interpret when to submit the application based on “intent-to-use” Applying
- Applying for registration in the incorrect class
- Making errors while filling the application
- Failing to comprehend if a mark is registrable as a trademark or not
- Failing to formulate a reasonable explanation of goods or services.
4. Never Traffic A Trademark
In a few cases, a person or a corporation may attempt to market their potential label. In this situation, they enroll the trademark in plenty of different classes, according to the NICE classifications. It is performed merely to prevent rival companies from utilizing that exact symbol even when they have no plan of using it in that specific class.
As a result, the trademark can be used exclusively by that person or firm even when they do not enter that field. The United States Court of Law has come up with strict guidelines to stop firms from doing such things.
5. Ignoring To Check The Application Status
During the registration period, the USPTO can hand out an Office action, which is a message stating concerns or flaws with your application. An Office action will specify how and when you must reply in order to remedy the problem. From the filing date until the approval, a corporation must regulate the status of its pending application once every three months.
The Trademark Status and Document Retrieval system can be utilized to trace the application status. If a corporation does not reply to an office action in the span of six months after receiving the receipt, the application may be evacuated or canceled. Moreover, it necessitates extra expenses to submit a fresh application.
6. Ensure To Contact Or Hire A Trademark Attorney
Several companies prefer to finish the trademark registration procedure on their own rather than hiring an experienced attorney. However, it can be expensive and time-consuming if you do the process yourself.
In the initial phases of the procedure, it is critical to speak with an attorney who has considerable trademark registration experience. Labeling the company’s goods and services is generally complicated because of the legalities involved, and it necessitates a significant amount of research and fact-gathering.
The attorneys have years of knowledge and can cautiously study and evaluate your label to determine the likelihood of registration success before you submit the application. You can check out beardstclair.com to know more about trademarks and hire a skilled attorney.
7. Not Utilizing Trademark In Commerce
Before applying for label registration, trademark registries require that you utilize the symbol for business purposes, like selling your goods and employing it on your firm’s website. If you declare that you want to enroll your brand label, but have not used it in commerce, it could result in the cancellation of your application.
8. Not Trying To Secure and Safeguard Trademark
After the register has granted your application, you must safeguard and defend it so that your rivals cannot use the company’s name, design, or logo. An IP service provider or a legal attorney can be very beneficial in handling any trademark violations legally.
For added security, you can put up a Google Alert for your trademark name. If you do not spend time and money on label protection, your company’s worth will suffer in the upcoming years. Trademark law is complex and at times opposes plain commercial logic and comprehension. As a result, it is recommended that you collaborate with an attorney to secure it.
9. Not Renewing Trademark On Time
Another mistake companies make is not renewing the trademark on time. If the renewal deadline is over, you need to pay extra fees. An experienced lawyer can convey you within the deadline and ensure on-time renewal.
Bottom Line
Companies or individuals with no prior experience are likely to make mistakes while enrolling their trademark applications. So, it is best to hire a skilled attorney who can assist and handle the entire registration process.
