First of all, let’s define what a trademark is. Atrademarkis a unique graphic, verbal or combined designation that individualizes goods, legal entities or individual entrepreneurs.
Often a trademark is referred to as a “trademark“. The only difference between these concepts is that a “trademark” is an official name and a “trade mark” is a household name.
For more details on trademark registration, please see the section TM registration. And here we will discuss exclusively errors connected with its registration.
So, we have dealt with what a trademark is. Now let us discuss the most common mistakes that occur when registering trademarks:
(1) Very often a trademark which consists of verbal and graphic elements is registered as a whole. This is not a very good move, because it is better to register all the elements separately, and then combine them in any form. In such a case, if you have to, for example, make changes in any one element of the trademark, you will have to go through the whole registration process again, which is inconvenient and takes a lot of time and money.
2. Many people also want to save money on everything and then pay a lot more. For example, since pre-testing for TM identity is recommended, there are cases where it is simply not done for reasons of economy. For this, over time, you can pay dearly. Registration of a trademark – a matter of a long time. And therefore, if you start to promote your brand (without waiting for registration and without checking the TM for uniqueness), suddenly it may turn out that such a trademark is already registered by someone else. And then – your promoted brand will have to be replaced by a new one, because your competitor will have all the rights to use it.
3.Sometimes people want to register a trademark at once with its writing in 2, 3 or more languages simultaneously, for one time, thus saving on the cost of registration of separate names. But the competitor will not use the name, simultaneously consisting of several names in different languages, but only one name. And this means that if you want to defend your TM in court, it will not be easy to do.Therefore, if there is such a need, you should use the method described in the first paragraph – separate registration of the trademark in each of the selected languages.
4. Often a trademark is registered to several owners. In such a case, when dividing the common business, one of the owners will have to sell his part of the trademark. If no one makes concessions, the trademark can be forgotten, especially if the division of rights to the TM within the framework of the common business is not expressly provided for in the constituent documents of your common company.
A bit complicated? We offer a solution: having a great experience in working with trademarks, not only in naming and design, but also in registration of trademark names, we will help you to register a trademark, avoiding all possible mistakes. For KOLORO Branding Agency is extremely important as its own good reputation, as well as a satisfied customer! Therefore – saveyourself the worries and entrust the registration of your future brand to us.
