Intellectual PropertyTrademarks

How to Protect Your Trademark Application

A trademark is a legal designation that guards against infringement of intellectual property. Here are 10 things you can do to protect your trademark application.

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How to Protect Your Trademark Application:

  1. As a prerequisite, it is important to work with an experienced lawyer while designing your trademark, this is because generic, offensive, geographically misdescriptive logos, among others, are never granted trademark protection.
  2. Alternatively, you can also engage the services of Vakilsearch’s creative experts who are well versed in the legal nuances of trademarking a logo design.
  3. If there is a likelihood of confusion, in conjunction with another registered trademark your trademark most probably won’t get registered. Confusion occurs when two marks are similar and are used for identical goods or services. To reduce the likelihood of your application being rejected, for this reason, you must undertake a thorough trademark search before applying for federal trademark protection. You can search registered trademarks yourself using Vakilsearch’s Free Trademark Search Tool.
  4. After conducting a preliminary search it is advised that you engage our professionals to do a thorough trademark search for you, this is recommended as a thorough search looks for trademarks that have common law protection.
  5. If your trademark search turns up no objections with ongoing or registered trademarks, the next step is to file a trademark application. You will need to provide a picture of your mark as it appears on its own. It is worthwhile to even add a specimen such as a label or a brochure demonstrating how to plan to utilise the mark in your business.

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6. Ensure that you specify the accurate types of goods or services for which you intend to use your mark. It is critical to be precise because you will only have trademark protection for the items or services listed in your application.

7. Your trademark application might bring up certain objections, it is critical that you take them seriously, if you fail to meet the deadline to respond, your application will be considered abandoned.

8. Once all issues have been resolved, your trademark will be published in the Official Gazette, and anyone who opposes the registration of the trademark may file an opposition. Objections and oppositions might bring up complicated legal and technical issues. Because you risk having your application rejected, you should consult with an experienced trademark attorney, preferably one at Vakilsearch to lock-down top-tier service.

9. You can begin utilising the registered trademark symbol, ®, once your trademark registration is granted. However, your attempts to safeguard your brand should not stop there.  Monitoring future trademark filings and gazette publishing and opposing any applications to register trademarks that are identical to yours is an important strategy to defend your trademark registration.

10. Trademark registrations are valid for 20 years and can be renewed thereafter.  If you fail to meet a deadline for renewal, your trademark registration will be revoked. Hence, we recommend that you expend considerable resources towards maintaining your trademark through timely renewal efforts. We suggest that you get in touch with our experts for timely renewal assistance as well.

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