Are you thinking about registering a trademark yourself? Initially, this seems like a great solution for cost containment. However, not having an expert on the subject can cause major losses. It is a relatively complex process, and it is common to encounter several errors, especially due to a lack of knowledge of technical details in the trademark registration process.
Below, we list 10 mistakes when registering trademarks that are common and that you should avoid at all costs!
1. Not following deadlines and the process
Obtaining registration takes an average of 6 months in various countries if there are no demands or opposition from third parties. Therefore, it is necessary to follow the process and understand the orders published by the trademark agency, as well as the measures to be taken within the deadlines set by law. If you miss this deadline, it means you have to start from scratch. Many companies that complete the application on their own have already lost their records requests and are unaware.
2. Making the wrong class when applying for registration
Not registering the mark in the correct class is another of the most common mistakes made by those who are not experts on the subject. The trademark office allows similar and even identical brands, as long as they are used in completely different activities. So, if you don’t register in the right class, you may not be as protected as you think.
3. Registering prohibited words and symbols
Another error that usually generates a lot of wasted time. There are restrictions on what can and cannot be registered, which means getting it wrong at this point is almost a guarantee that your application will be denied.
4. Confusing brand and brand nature
Do you happen to know any large companies that provide both services and products to their consumers? Although both the provision of services and products are linked to the same brand, the sectors of activity are different. Because they do not know how to distinguish the nature of the sectors of their brands, many entrepreneurs make mistakes when registering. It is important to know whether the mark is a service mark, a product mark, a certification mark, or even a collective mark.
5. Having the same name as others
To differentiate yourself, you not only have to create creative names that you like and that sound good to you, but they also don’t have anyone before. So, if your name is too generic, forget it. Think of a name that is different from other similar ones, especially if these names are already registered as a trademark.
6. Not regularly monitoring the progress of the application
When applying for a certain trademark, a period of two months is first given so that third parties can oppose its registration. When there are no refutations, the trademark agency continues the process, moving on to the phase in which there are detailed analyses regarding compliance with all requirements and the real availability of the brand. This process can last two to three years. During this entire period, it is important to regularly monitor the progress of the application.
7. Getting confused with the documentation needed to register the brand correctly
If the specifics of registration are already complicated, imagine the number of documents that need to be presented to continue each registration process. As you saw above, there is a need to make several trademark registrations depending on the nature of the registered item and its sector.
8. Registering the brand in the wrong category
The same trademark could also be registered by two people if they are classified differently. If you apply for trademark registration without assistance, they often register their company’s identity in a category that doesn’t relate to their services or products. By doing this, the brand remains unprotected. So, this is another point to worry about when making records properly.
9. Mistake in brand color claim
Another thing you should notice is that none of the logos have color. Therefore, do not submit any type of colored visual element for analysis, as this is one of the worst mistakes in trademark registration. This is because colors cannot be linked to trademark registration.
10. Taking too long to register correctly
When it comes to trademark registration, timing is a very important point. By taking too long to seek help, you could end up losing a lot of money.
How not to make these mistakes?
In most cases, making these mistakes leads to a huge loss of time and money. Missing the deadline means you have to start again, from scratch, even repeating the expenses incurred in the process.
As you can see, it is a process full of details and those who are not experts miss many of them. At worst, registering in the wrong class means not having all the protection, which is exactly the point of registering.
Therefore, it is crucial to have experts on the subject. Not only do you avoid making these mistakes, but the process tends to be speeded up in a few months. So, you guarantee full protection for your company and also resolve the problem efficiently.
Do you understand why registering a trademark on your own can be dangerous? If you have any questions, visit our website to know more details about this subject.
