What are some common mistakes to avoid in trademark registration?
Trademark registration is essential for every business, but it should be done correctly to avoid any case of trademarkinfringement. It should be unique and different from others so that your customers won't get confused between the firms. However, trademark filers sometimes make common mistakes while registering a trademark. Let's discuss some of them in brief.
Overly narrow goods and services claimed in the
trademark application.
When filing for trademark registration,
applicants must describe the goods and services that they intend to register
with the goods and services. One common mistake that everyone made is to limit
the goods and services to an overly narrow phrase or description. Suppose, if a
trademark is approved for registration, it may not cover the entire spectrum of
goods and services that the applicant aims to capture.
Overly broad goods and services claimed in the trademark
application.
An applicant may try to file for too overly wide of
information. Trademark registration can
be canceled due to many reasons. Firstly, the trademark examiner may reject the
initial application because they believe that the definition of goods and
services does not match the application's specimen. An overly broad description
can end up in denial if the description, as written, causes the potential
trademark to overlay with an existing trademark.
Improper specimen of trademark use
Submitting an improper specimen is another common way that
applicants may sabotage their applications. Trademark petitioners may register
an application with their trademark depicted one way. The actual use of the
trademark with mismatching colors, different fonts, use of shapes, etc., in a
way that changes from the application may all cause the trademark application
to be declined.
Wrong trademark applicant
In addition to the goods and services, a trademark application
needs to include the proper applicant, the user, or intended users of the
commerce trademark. Often, the applicant will be a company instead of an
officer or founder of the company if the company is using the trademark in
commerce. A mistake as to the wrong trademark applicant can cause severe difficulties
with obtaining the registration and later enforcing the trademark.
Domain name availability
In today's modern world, you have to make sure that the .com
extension is available for your brand. Also, don't misspell similar words
because that will accidentally direct your traffic and customers to another
site. You should also register the .net and .org extensions for your trademark
to diminish the chance of cybersquatters registering your domain name with
those extensions.
Consult with a trademark attorney
It is better to hire an experienced lawyer who will make you
understand the complete process of trademark registration as
well as trademark infringement.
However, you can seek help from Trademark.Legal, a dedicated firm that helps
businesses and individuals develop, protect, and grow their intellectual
property rights. They have a team of experienced lawyers that assist clients
effectively and attentively listen to their case. Contact us today.
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