10 TRADEMARK MISTAKES THAT COST YOUR BRAND
INTRODUCTION
Trademark is not just a legal protection, it is a brand identity. The Trademark differentiates the holder from its competitors. To know more about trademarks, here is the explanation. Trademark is a protection given to a brand of goods and services. Trademark protection is obtained by reputation in the market gained through goodwill. The owner of Trademark should always be careful in carrying his business. In this blog, the 10 trademark mistakes that affect the brand have been discussed.
TRADEMARK MISTAKES
It is not sufficient to know what a trademark is meant by. The trademark owner should know what are all the mistakes that can occur regarding a trademark. Sometimes, these mistakes can cost our brand. So It is important to avoid these mistakes.
1.NOT REGISTERING DIGITAL TRADEMARKS
Nowadays, everything is being digitized in this world. Digital world has no limits. So, there are a lot of possibilities to infringe digital trademark protection. The Organization is being recognized based on the domain name. Many of the businessmen are failing to protect their domains. So, it is mandatory to register trademark for digital assets.
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Introduction
TRADEMARK MISTAKES
- NOT REGISTERING DIGITAL TRADEMARKS
- STEERING CLEAR OF INTERNATIONAL TRADEMARK
- SELECTING AN UNSUITABLE BRAND NAME
- FAILING TO REGISTER A TRADEMARK
- IGNORING TRADEMARK ATTORNEY TO LOOK UP
- INSUFFICIENT OR WRONG TRADEMARK CLASSIFICATION
- NOT USING THE TRADEMARKS THAT HAVE BEEN REGISTERED
- FAILURE TO RENEW TRADEMARK BEFORE IT EXPIRES
- FAILURE TO KEEP AN EYE ON INFRINGEMENT
- COPYING EXISTING MARK WITHOUT LEGAL REVIEW
2. STEERING CLEAR OF INTERNATIONAL TRADEMARK
Many businessmen are happy that their trademark has been registered in India and they wrongly believe that their brand is protected. But the problem is that the mark has been protected only in India and not in Foreign countries. So that there are chances of trademark infringement in the place outside India. If the owner thinks that his products are being sold in foreign countries then he shall apply for international trademark registration through Madrid Convention.
3.SELECTING AN UNSUITABLE BRAND NAME
The Owner, at the time of registering the trademark should register the trademark with the name that is most suitable with his nature of the business. The name should be such that it should not be misused by anybody. The Brand name should not cause deceptive similarity to the consumers.
4.FAILING TO REGISTER A TRADEMARK
It is not always mandatory to register the Trademark. But, in Trademarks Act, 1999 the more protection is given to the ones which are duly registered. The registered trademark wins the case easily in the court rather than the unregistered one. In an incident, A has a restaurant in a name and he established it as a reputed one by hard work. One day A found that B established a restaurant with the same name. When A filed a suit against B, the claim was baseless because A failed to register his brand.
5. IGNORING TRADEMARK ATTORNEY TO LOOK UP
If you want to register your trademark, you have to consult with a trademark attorney. The Trademark Attorney gives various ideas to select the brand name or to select the brand logo which would be helpful from the violation.
6. INSUFFICIENT OR WRONG TRADEMARK CLASSIFICATION
There are various classifications in trademark registration that need to be registered. The owner should be careful while registering the trademark. It should be appropriate in the clauses. So registering in a wrong trademark classification errors leads to confusion and deceptive similarity.
7. NOT USING THE TRADEMARKS THAT HAVE BEEN REGISTERED
After trademark registration, the owner should always use it frequently. If they are not used for 5 years, then the trademark will be cancelled automatically. It leads to trademark infringement.
8.FAILURE TO RENEW TRADEMARK BEFORE IT EXPIRES
The Trademark owner should always keep his eyes on his business whether any infringement happens. He should be cautious regarding that.
9.FAILURE TO KEEP AN EYE ON INFRINGEMENT
The Trademark owner should always keep his eyes on his business whether any infringement happens. He should be cautious regarding that.
10.COPYING EXISTING MARK WITHOUT LEGAL REVIEW
Even the unintentional copying of a mark brings the person to costly suits. So, before selecting the brand name, one should properly assess the names of other competitors through trademark search online because it may cause deceptive similarity in the same industry.
LET'S LOOK UP AN INCIDENT
A case in which a food delivery start up company had a catchy name for their brand and they worked hard for years in order to get good will in the market. But they did not register their brand. One fine day, they received a notice stating that it was the name of their brand and they said that it causes deceptive similarity. The former has failed to register their brand. That's the reason for the problem.
PROTECTING YOUR BRAND STARTS WITH AWARENESS
Trademarks are the stepping stone for the brand protection and long term business growth as it protects the good will of any enterprise. A trademark registration is not easy to get because it is the recognition for longterm, hardwork and sustainability. So, the trademark should be catchy and the owners should avoid small trademark mistakes that can save them from litigation. They can consult an IP expert before deciding their brand name. It is not just compliance, it is a strategic decision to protect the hard work.