Posted by on Jun 23, 2020 in General | Comments Off on Five Mistakes to Avoid When Registering a Trademark

Five Mistakes to Avoid When Registering a Trademark

Five Mistakes to Avoid When Registering a Trademark

When ever registering a trademark, many businesses fail to maximise their model value through making simple mistakes which compromise a good marks exclusivity and uniqueness.

Without a fairly robust information about intellectual property (IP) law, many businesses often fall into the very trap of being unaware of the full requirements or scope belonging to the law, and of the potential repercussions of such a lack of awareness.

Although contacting a lawyer or an IP expert might their advice is the most reliable way of ensuring that your type achieves its maximum potential, this article will outline five common slips made by businesses when registering their trademark and how good to avoid them.

1 . Omissions or mistakes on the application
Without the presence of watchful eye of a lawyer or an IP experienced, it is easy to make omissions and mistakes during the registration progression. Businesses are advised, if they are not willing to contact a professional, to take the time and care to ensure that the registration process is carried out the right way. Indeed, there are many technical aspects of IP law and the combination of a mark which cannot be identified through a mere perusal of the application document.

A brand can be registered in many ways, typical of which are word marks – consisting purely for words, figurative marks – consisting of an image or business logo, or combined marks – a combination of the previous two. Typical omission is the business not choosing the correct way to sign-up their brand, with the consequence that it will not have the desired distinctive value. For example , registering a brand as a combined symbol, when the intention was to register it merely as a word of mouth, will mean that only the combination is protected – not invariably the individual components (although the actual level of protection will depend regarding the facts of each case).

This slip up, although experiencing no direct effect on the mark itself, can potentially truly reduce the level of protection it receives.

2 . Descriptions and also geographical indications
As previously noted, without a robust perception of IP law, many businesses are unaware of the problems of attempting to signup a brand which is descriptive or contains a geographical indication.

Yet , international laws have dictated that to be registered, some trademark must not be descriptive of the products or services it pertains to. In addition , geographical indications of origin, such as ‘Champagne’, cause the same issues during registration. Unlike the mistake of incorrectly intricate a brand as a combination mark for example , this mistake can bring about an application for registration being denied altogether.

3. Bad class registration
Commonly, businesses fail to indicate the correct types of goods or services to which the brand belongs. When offering a trademark application, the business must indicate which goods or services it is to be registered with regards to. The repercussions of process a brand in the wrong class of goods or services could very well mean that the brand is not protected with the intended products. Get more information americanbar.org

Additionally , if the mistake is not realised before the brand has been subscribed in the wrong classes then this omission cannot be amended. Fairly, the only resolution is to submit an entirely new application just as before – an unfavourable outcome for businesses, as it represents a potentially significant waste of time and money.

4. Failure looking the IP register
Businesses can also fall foul to your mistaken belief that, when conducting research on the option of their proposed mark, in the absence of trademarks which are thoroughly identical upon a cursory internet search, their brand is going to encounter no issues. To many, this mere cursory search on the internet is enough investigation into the availability of their proposed mark, yet , such an inattentive browse may not unearth all potential obstructions to registration.

Indeed, many laypersons would be forgiven for not having knowledge of the IP register. Yet, it is only a search of this register which will conclusively confirm to a business no matter if their potential mark is available. Failure to conduct good research in this way can lead to a challenge from the holders of pre-existing marks, of which the proposed mark may be infringing.

quite a few. Similarity is still infringement
The final common mistake is the myth that only identical trademarks will be infringing – this self-belief is gravely mistaken, as even similar marks will be held as infringing a pre-existing brand. Common among the businesses is the concept of ‘living dangerously’ – the idea that an individual business will register a mark similar to that of the pre-existing well known mark in order to exploit the potential confusion of consumers.

Although living dangerously has worked for some businesses, this is a rather grey area of law, with a fine line between any mark which is infringing and one which is not. If a second level is found to be even similar to a pre-existing mark then it is held to be infringing and could be redacted from the enroll.