Trademark registration - common mistakes

These types of names are most surely going to be disapproved by the patent office due to the fact that they are not distinctive enough to be trademarked. Descriptive names merely describe the products that they are handling. On the other hand, made-up names are more likely to be accepted due to their unique nature or words that are not directly describing the products that they are representing.

For Example: “Good Wheels” in the car industry

At OWN-R, we advise you on the feasibility of your mark before you register it to ensure you make an accurate decision when it comes to securing your brand.

Sometimes, entrepreneurs will try to save money by registering their trademark on their own without seeking out the counsel of trademark attorneys. It might seem like a great idea but in practice, it might end up costing you more than you intended to save. The process of trademark registration is a delicate and exhaustive process which requires high attention to detail. Remember when you had to assemble some furniture? The first time is always hard and full of mistakes. In trademark registration, you can't make any mistakes, though. You should ensure that you get it right the first time by using the service of trademark experts like Own-R.

At OWN-R, we are dedicated to the process of registering your trademark for you and do it with precision and passion

One may fail to trademark other valuable marks that are associated with their products. In doing so, you are neglecting the value of other valuable brands which may be subject to infringement by your competitors. It is best to properly secure all your marks which include the logo and even the phrases associated with your mark.

When proceeding with your trademark application, you will be required to identify the owner of the rights you wish to register. Most leading companies will enter the enterprise as the owner of the mark, which in most cases is okay. However, you should be cautious and make sure the application date of the registration is set after the company’s incorporation date to avoid any legal rebuttals. Alternatively, you can register the mark under a completely independent owner. A trademark attorney can advise you better given your circumstances.

After having successfully secured your mark and have received your registration certificate, it is time to enjoy the benefits of possessing the rights to your own mark. However, you will additionally have the task of enforcing your own mark in the market. This means looking out for any imitators who will seek to gain for your brand. The beauty of gaining ownership of your trademark is you can sue anyone who infringes on your mark, and they will be left with no choice but to pay the price.

However, you are responsible for watching out for your mark and ensuring that no one is misusing your mark. Failure to enforce your mark in the market will lead to the weakening of your mark and loss of its distinctiveness. If your mark ends up becoming too generic then you run the risk of losing your mark altogether.

During your registration process, you may be required to answer to the Patent Office concerning your trademark application. If you happen to receive notification from the Patent Office concerning your application, make sure that you respond as promptly as possible. Do not put off responding to the Patent Office as you might be putting the application process at risk. If the legal wording seems extremely hard to understand, you will be intelligent to consult a trademark attorney to assist you to respond to the Patent Office.

You do not need to worry because, at Own-R, we will get the letter from the Patent Office and answer it for you. You will not have to communicate directly with the Intellectual Property Office.

Ultimately, the biggest mistake that you can commit while registering your trademark is not hiring a trademark attorney. Most classic mistakes could be easily solved by contracting the services of an attorney. Trademark attorneys are experienced in trademark law and can help avoid any big problems that may typically arise during the registration process. Promptly hiring a trademark attorney will equally make your time more efficient and productive since they will properly take care of your application in a more systematic fashion. At OWN-R, we pride ourselves in assisting our clients to successfully register their trademarks in an efficient manner.