Common mistakes in Trademark Applications

Trade Mark Application Process – Common Mistakes

A trademark is an ideal way to create a distinct identity for your product/service amongst competition in the market. Whether your prospective trade mark is a symbol, logo, word, sound, picture or a catchphrase, there are several things to bear in mind while applying for it. In order for your trademark application process to progress smoothly, there are some commonly made mistakes by applicants you must watch out for and avoid.

1.Resist applying for generic names or trademarks descriptive of your goods and services

This is the most frequently encountered mistake by trademark attorneys. Basically, if your trademark is too descriptive it is said to be incapable of distinguishing. In simple terms, if your trademark is a sign that other traders are likely to use during the course of trade in a bona fide manner, your trademark may be refused. A good example is a term such as golden bread for bakers.

2.Inadequate availability searching

If your trademark application is the same or similar as an existing pending or registered trademark, and in respect of the same or similar goods and services, your trademark application may be refused. The Trademarken trademark filing software conducts an exact match search to search for exact trademarks. However, you should consider other aspects of similarity, such as phonetic variations, spelling variations and the like when searching for existing trademarks.

3.Thinking you can modify your trademark or goods and services after filing

Once a trademark application is filed, only minor changes are allowed to a trade mark. As for the goods and services, the goods and services may only be amended by the removal of goods and services (so as to avoid conflicting with another trademark, for example) no additions to product line or services are permitted thereafter.

4.Applying for a trademark in the name of your business or trading firm

Your trademark application must be filed in the name of a legal person, such as a sole trader or company.

If you have any questions about the trademark filing process, please contact us.

Last modified:03/10/2013