Overview
We all make big plans while starting our new business and meticulously carry out research on various aspects of business, often forgetting one of the critical aspects of branding our business and protecting intellectual property (IP) from competitors by establishing a trademark.Why is it crucial to register a trademark?
Trademark identifies your business through unique symbols, names, phrases, logos and designs created to make your products and services original and distinct, helping consumers distinguish your offerings from those of your competitors. Being visible, a trademark allows customers to recognize your brand promptly in a crowded marketplace. McDonald’s Golden Arches logo is a living testimony to why it is important to register your trademark.
How to Register for a Trademark?
Presently trademark protection can be obtained through International trademark registration and by filing an application for registration with the trademark office and paying the required fees. Almost all countries have a trademark register today offering full trademark protection on successful registration and once trademarks rights are filed, they are protected for 7 to 20 years and can be renewed indefinitely.
Registering a trademark is a simple process, however, there are some common mistakes that many startups commit during application filing, documents submission and trademark usage. Following are the seven ‘must avoid’ trademark mistakes.
Wrong Assumptions of TM Symbol as Protection
We frequently see the ™ symbol on packages and also on the internet and assume that the products have a brand. However, this symbol is used when an application for a trademark has been filed with the trademark registry just indicating that a trademark application exists. It carries no legal meaning and offers no protection for your startup. You must complete the entire registration process and once the application is approved by the authorized registry, use the R symbol, ® for enjoying protection from infringement under the Trademark laws.
Not Carrying Out Trademark Search
This is perhaps the most deadly mistake a startup can commit as it becomes a double-edged sword. First, it can result in legal proceeds and costly infringement lawsuits if that trademark is already registered for something similar with another business entity. Second, it would mean a lot of wastage of money that you spend on the registration process including filing and attorney fees as the approval is never granted. Nowadays, Trademark Electronic Search System (TESS) is available where you can run a search of the current database to see if what you like to trademark is already in use.
Applying For the Wrong Trademark Class
There are many classes of trademarks that can be chosen based on the usage of the trademark for your products and services. Incorrect and wrongly chosen trademark class can be a frustrating mistake as it warrants application rejection. IP service providers handle thousands of trademarks and can help you overcome this issue.
Not Using Trademark in Commerce
Trademark registries want you to use your trademark for commercial activities such as selling your products and services and using it on your website before you file for registering the same. Simply stating that you are willing to register your trademark without any use in commerce may render your application rejected.
Non-Renewal of Trademark on Time
Losing track of the trademark renewal deadline is also a big mistake as a new application on expiry costs much more. Outsourced IP service providers can intimate you on time and every time ensuring timely renewal and money-saving.
Not Outsourcing IP Service Providers
Many startups wish to handle the Trademark registration process on their own and prefer not to outsource IP service providers for trademark registration. It can, however, be costly and time-consuming and may even fail to achieve the end objectives.
Trademarking a business is often complex with legalities involved and requires you to spend considerable time researching and fact-finding. IP service providers, on the other hand, are experts with years of professional experience and can critically review and analyze your trademark for assessing the success of registration before filing.
Not Securing and Protecting Trademark
Once a trademark application is approved by the registry, you need to secure and protect your trademark so that your competitors are prevented from using your name, logo or ideas. An IP service provider can be of great help who would deal with any infringements to your trademark legally. A Google Alert for your trademark name may also be set for security. Not investing in trademark protection can diminish the value of your business in the future. Trademark law is tricky and defies basic business logic and understanding at times. It is thus advocated you work with an IP service provider to bring your startup branding to fruition.
