Do you think that when you have picked the ideal name for your company, you can start using it without registering your business trademark at the first place?
Definitely not, after you have put a lot of effort and time thinking about your brand name, you should protect it and avoid the potentially enormous expense of a lawsuit.
Registering a trademark helps the public identify your product or service as coming from your business and also puts other businesses on notice that your brand is yours and yours alone. Below are five common trademark mistakes to avoid throughout the trademark registration process.
Not Searching For Similar Trademarks
Failing to conduct a thorough search can lead to serious consequences later if the trademark is already in use.
Through our wealth of experience we have found that many companies didn’t take this important step into their consideration to make sure that their trademark hadn’t already been registered by someone else.
Thus it will be frustrating when someone has claimed the name of your dream and make you start from the beginning and search for another name.
Selecting a mark where there are signs of conflict
Even if your choice is brilliant from a marketing standpoint, it may not be smart from a legal perspective If you choose a brand name that conflicts with any one of the millions of existing names as you risk losing it.
It should be pretty obvious that if you start selling a soda called, “Koke,” you’re opening yourself up to a lot of trouble.
Not Using Your Trademark Consistently
To maintain trademark rights, your trademark must be used continuously to distinguish your goods or services from those of your competitors. Consistent use helps your customers identify that your product or service comes from a single company, also to build trust between you and your customers that the quality will be the same as the last time they made a purchase.
Infringement occurs when someone else uses your mark or a similar mark, hence there is a probability of confusion among consumers as to the source of the goods or services. Infringement is hard to prove if you are not using your trademark consistently enough for consumers to be familiar with it.
Ignoring To Renew Your Company’s Trademark
It’s extremely important not to miss the deadlines of renewing your trademark. You have to keep up to date on when your registration needs to be renewed, otherwise you may risk losing it if someone else took the trademark. Although marks which are identical or similar to pre-existing trademarks are not registrable, once a mark is no longer registered, identical or similar marks are permitted.
Failing To Monitor And Protect Your Trademark
Failing to make sure no one else is using your trademark can have serious consequences, including the value of your mark being diminished and a loss of trademark rights.
Once your trademark is registered, it’s time to ensure that all of that work wasn’t for naught. It means you are the one ultimately responsible for making sure no one is infringing upon your trademark rights.
So your brand has to stays consistent and stays loyal to your company and only your company. If you’re not careful, your trademark could end up becoming a generic term. Don’t think it could happen to you? Well, it happened to Aspirin, Yo-Yo, Zipper, and other brands on this list.
Need Additional Help With The Legalities Of Your Business Trademark?
Thanks to this article, you are now aware of the mistakes you have to avoid when registering your company’s trademark. But sometimes, the laws can still seem a little confusing. In these cases, you’ll need the services of a professional. No matter where you’re from, or the country in which you want to do business, we can guide you make sure that you’ve done everything required to protect your intellectual property.
If you’re dealing with a domain name dispute, need help with IP services, or are just looking to work with a team of professionals you can trust, we’ll help you find the solution you’re after. Get in touch with us today.