Tuesday, August 4, 2020

Common Trademark Registration Mistakes To Keep Away From

In most jurisdictions, the majority of trademark filings are made by small businesses and entrepreneurs. When starting a business, it is easy to get caught up on getting your business off the ground. Online trademark registration is an imperative part of building a brand and increasing name recognition. But, trademark filers at times make common trademark registration errors.  The following offers a discussion of these errors and steps that can be taken to stay away from them.

Online Trademark Registration

  • When filing for a trademark registration services, applicants should explain the goods and services that they intend to register with the goods and services.  One widespread mistake that applicants make is to limit the goods and services to an excessively narrow phrase or description.  As such, the trademark, if approved for registration, might not cover the complete spectrum of goods and services that the applicant aims to capture.
  • Submitting an inappropriate specimen is another common way that applicants may disrupt their own applications.  Frequently, trademark applicants may file an application with their trademark drawn one way.  After talks with their marketing department, but, they may ultimately use their trademark in a diverse manner.  As such, actual use of the trademark with different fonts, mismatching colors, use of shapes, etc., in a way that fluctuates from the application may all cause the trademark application to be rejected.
  • In the same manner, as an applicant can use too narrow of a description of goods and services, an applicant may attempt to file for too overly broad of an explanation.  If the goods and services are overly extensive, rejection may take place for quite a few reasons.  First, the trademark examiner may decline the initial application as they think that the explanation of goods and services does not match the sample filed with the application. This means the applicant is filing to register a trademark with goods and services that they do not show trademark use of in the application.  One more way an overly broad explanation may result in a refutation is if the description, as written, causes the prospective trademark to overlie with an existing trademark.
  • In addition to the appropriate goods and services, a trademark application needs to comprise the proper applicant, who is the user or intended user of the trademark in commerce.  Frequently, the applicant will be a company as contrasting to an officer or founder of the company if the company is by means of the trademark in commerce.  A fault as to the incorrect trademark applicant can present serious troubles with obtaining the registration and later enforcing the trademark.
When it comes to trademark registration, enlisting the assistance of an experienced trademark attorney can assist an applicant draft appropriate descriptions of goods and services and avoid rejection of applications because of inappropriate specimen use or the selecting the incorrect applicant.  While attorneys differ in what they charge, a customer can expect a trademark cost to range between $500 to $3000 in addition to the filing fees charged by the United States Patent and Trademark Office.

No comments:

Post a Comment