Registration of the Trademark
- Classification of Trademark Based on its use or proposed use
- A public search of the trademark in various databases
- Drafting of the trademark application
- Filing of the application before the registrar of trademarks
- The examiners of the mark then issue its examination report
- Filing reply to the examination report
- Show cause hearings
- Third-Party opposition proceedings
- Publication in the Trademark Journal
- Registration of the Trademark and Issue of the Registration Certificate
- Obtain a Certified Copy of the Registration Certificate
Use the Trademark
Renew the Trademark
Here are the top 10 mistakes which a small business makes concerning the trademark.
Trademark Mistake 1 : Avoiding the registration of your Digital Trademarks
Trademark Mistake 2 : Avoiding International Trademark Protection
Trademark Mistake 3 : Choosing an inappropriate Brand Name
Trademark Mistake 4 : Not Registering your Trademark
Trademark Mistake 5 : Avoiding TM Attorney Search
Trademark Mistake 6 : Using Personal Names in Trademarks
Trademark Mistake 7 : Inadequate / Improper Classification of Trademarks
Trademark Mistake 8 : Not Using Trademarks after Registration
Trademark Mistake 9 : Not Renewing Trademarks before Expiry
Trademark Mistake 10 : Not Monitoring Infringement Activities
Q1: What are the consequences of not protecting my small business's trademark?
Failing to protect your trademark can result in the loss of future profit opportunities, vulnerability to imitators, and potential damage to your brand’s reputation.
Q2: Can I protect my trademark globally or do I need to register it in each country individually?
Trademark protection is territorial, so you need to register your trademark in each country or region where you intend to use it. However, international systems like the Madrid Protocol can streamline the process for filing in multiple countries.
Q3: Is it necessary to hire a trademark attorney for registering my trademark?
While not mandatory, hiring an experienced trademark attorney can help ensure proper classification, feasibility analysis, comprehensive searches, and effective application filing, reducing the risk of mistakes and increasing the chances of successful registration.
Q4: What happens if someone else uses a similar trademark to mine?
If someone else uses a similar trademark, it can lead to confusion among consumers and potential infringement on your rights. In such cases, you may need to take legal action to enforce your trademark and protect your brand’s identity.
Q5: How often should I monitor and renew my trademark registration?
It is essential to continuously monitor your trademark to detect any potential infringements. As for renewal, trademark registrations are typically valid for ten years, but they can be renewed indefinitely as long as you continue to use and maintain the mark. Renewal applications should be filed before the expiration of each term to ensure continuous protection.