Common Trademark Mistakes To Avoid: The Complete Information

If you’re not well-versed in the world of trademark and intellectual property and have to trademark a product, here are some things you should NOT do

Common Trademark Mistakes: It is said that intellectual property is a key element of economic development. A country that is able to secure ownership over products and processes for its businesses guarantees not just better domestic income, but also international recognition and increased sales. This makes ownership over product marketing and identification, commonly called trademarks extremely important.

The Trademark name search tool at Vakilsearch lets you find the previously registered trademarks to avoid copyright infringement.

What is also equally important is knowing its essentials to avoid exorbitant legal battles over securing this kind of intellectual property. In this article, we highlight certain aspects of trademarks that businesses must know and apply in their Common Trademark Mistakes building and filing processes.  

Trademarks: What, Why, and Till When?

There exist several kinds of intellectual property rights and a layman may be confused about what specific intellectual property right would apply to which kind of product. Generically speaking, codes, literature, digital works, paintings, designs are subject to copyrights. While creativity may vest in designing a logo, just like artwork or writing a catchy slogan, these are not covered by the Copyrights Act. 

Any logo, for example just a single tick for Nike, a brand name such as Coca-Cola, a word whether intelligible such as Classmate or meaningless, such as Cello, a label name  such as that belonging to the creator, Sabyasachi or numerals such as Forever 21 or even a combination of colours used, the red and white of Coca Cola, all qualify to be a trademark. Since a business uses all of these in its dealings, casting an impression of a certain standard of quality, the law prohibits anyone else from employing the same combination and gives the impression that the goods belong to someone else.

Common Trademark Mistakes

• Failure to Conduct a Comprehensive Trademark Search:

One of the cardinal sins in trademark registration is neglecting to conduct a thorough search before filing an application. This oversight can lead to attempting to register a mark that is already in use by another entity, resulting in potential legal disputes and the rejection of your application. Utilizing professional trademark search services or online databases can help identify existing trademarks that may conflict with yours, allowing you to make informed decisions before proceeding with registration.

• Choosing a Generic or Descriptive Mark:

Selecting a trademark that is overly generic or merely descriptive of the product or service it represents can severely hinder your ability to obtain exclusive rights. Generic terms, such as “Computer” for a computer company, or overly descriptive phrases, like “Best Pizza in Town,” lack the distinctiveness required for trademark protection. Instead, opt for marks that are inherently distinctive or have acquired secondary meaning through extensive use and promotion.

• Neglecting to Register Your Trademark:

Some businesses Common Trademark Mistakes believe that merely using a trademark in commerce grants them exclusive rights to it. While common law rights may arise from use, they are limited in scope and enforceability compared to federally registered trademarks. Registering your trademark with the appropriate governmental authority, such as the United States Patent and Trademark Office (USPTO) in the U.S., provides numerous advantages, including nationwide protection, a legal presumption of ownership, and the ability to pursue infringement claims in federal court.

• Failing to Monitor and Enforce Your Trademark:

Once you’ve obtained trademark registration, the work doesn’t end there. Diligent monitoring and enforcement of your mark are crucial to preserving its distinctiveness and preventing infringement by others. Regularly searching for unauthorized uses of your trademark and taking swift action against infringers, whether through cease-and-desist letters or legal proceedings, demonstrates your commitment to protecting your brand’s integrity.

• Allowing Your Trademark to Become Genericized:

Common Trademark Mistakes, also known as genericide, occurs when a brand name becomes synonymous with the product or service it represents, thereby losing its distinctiveness and trademark status. Familiar examples include “aspirin” and “escalator,” which were once protected trademarks but became generic terms over time due to widespread usage. To prevent this fate, educate consumers on proper trademark usage and actively promote the distinctiveness of your brand.

• Overlooking International Trademark Considerations:

In today’s global marketplace, expanding your business beyond domestic borders may necessitate securing trademark protection in foreign jurisdictions. Failing to file for international trademark registration or adequately researching trademark laws in target countries can leave your brand vulnerable to infringement and exploitation. Working with experienced intellectual property attorneys or utilizing international trademark filing systems, such as the Madrid Protocol, can streamline the process of obtaining international protection for your trademarks.

• Ignoring Renewal Deadlines and Maintenance Requirements:

Trademark registrations are not perpetual; they require periodic renewal and maintenance to remain in force. Failure to timely file renewal documents or adhere to maintenance requirements, such as demonstrating continued use of the mark, can result in the cancellation or abandonment of your trademark registration. Implementing a system to track renewal deadlines and staying informed about applicable maintenance obligations is essential for preserving your trademark rights over the long term.

Do Trademarks Need Registration? – Common Trademark Mistakes

No and Yes. Although a registered trademark is preferred as it comes in handy while battling out legalities in a court, even though a trademark may not be registered, it will still be given validity by looking at factors like its duration of existence, the value customers attach and its outreach. In case of a clash between two brand names – one registered and unregistered, the verdict of the court is often seen to tilt towards an older brand name even though it may be unregistered. 

However, a trademark that is registered and has been in continuous use for a long time increases your chances of winning a potential legal battle on trademark infringement. Moreover, in case the trademark is registered, you’re allowed to file a suit for infringement. For an unregistered Common Trademark Mistakes that is acquired through usage, the court proceedings are initiated for “passing off”. 

Registered trademarks are also allowed to use the ® symbol. Though a trademark once registered is valid forever, it must be renewed every 10 years.

Conclusion:

Mastering the art of trademarking demands attention to detail, strategic planning, and a commitment to excellence. By avoiding common trademark mistakes and adhering to best practices such as conducting thorough searches, crafting distinctive trademarks, vigilant monitoring, and international considerations, businesses can fortify their brands and mitigate legal risks.

At Vakilsearch, we specialize in providing comprehensive trademarking services tailored to your unique needs. With our expert guidance and support, you can navigate the trademark process with confidence and achieve mistake-free trademarking that safeguards your brand’s future success. Partner with us today to embark on your trademarking journey with peace of mind and assurance.

FAQs – Common Trademark Mistakes

Also Read:

• Trademark Infringement Case
• Trademark Objective and Infringement