Mistakes Derailing Your Trademark Application

Yes, you may have a unique trademark – or at least, you think you have it. But before making brash decisions, you should take a step back and remember that the Patent and Trademark Office doesn’t mess around when it comes to the registration process. You may think that it’s easy enough, especially after reading countless articles on the subject matter, but it isn’t because of the strict filing requirements and the bureaucratic procedures.

Arguably, the worst mistakes that you can do before filing a trademark application are these two things.

Not Hiring An Experienced Trademark Agent or Attorney

Keep in mind that the trademark application process is a legal proceeding protected by the trademark laws. As such, individuals, groups and organizations can be subjected to penalties including fines, surcharges and suspensions in case of violations of trademark laws.

As such, it’s of crucial importance to hire an experienced agent or attorney with a valid license to practice trademark law. Better yet, hire an experienced trademark agent or attorney with a proven track record of success in the field, if you want to increase your chance of success in getting your trademark registered.

Of course, you can file the application on your own but there are many pitfalls to such a do-it-yourself approach. You may well find that the documentary requirements can be voluminous and stringent while the process can be bureaucratic. You won’t likely have the right knowledge and skills to deal with the legal process and, thus, make a mess of it.  Your trademark application can be delayed and its registration jeopardized.

Not Checking That Your Mark Can Be Registered

Your trademark application must be in compliance with many legal requirements before it can be approved for registration. You don’t just fill in the forms, whether you’re filing online or in paper, even if you’re in a hurry to claim the mark (i.e., competitors are using a similar one), lest you find yourself in a bind.

In this regard, you have to ask yourself several questions including:

• Can your mark actually be registered under the rules and regulations?
• Can you identify the good and/or services covered by your mark?
• Can you determine the filing basis for your initial application?

Your trademark agent or attorney can answer these questions and provide guidance on several related matters.  With your trademark registered, you have the assurance that your brand names including the slogans and logos used on your products and/or services will be protected from unauthorized use by other entities.

資料來源: CtR智群知識產權事務所