Trademark filing: 5 mistakes to avoid

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Registering your brand is important at the risk of not being able to exploit it if another entrepreneur came to do it for you.

But beware, certain precautions are necessary!

Here are 5 mistakes not to make when filing a trademark.

  1. Want to file a descriptive mark

The first thing to know is that a brand name cannot be descriptive. That is to say that it cannot contain a word relating the nature of your activity.

If this is the case with yours, your request may be rejected by the National Institute of Industrial Property.

A trustee, for example, will not be able to register the “accounting” mark, the word “accounting” being a descriptive term of the activity which must remain within the reach of all persons exercising this profession.

Please note: Requests for brand names that are illegal or misleading will also be rejected.

  1. Register your brand without doing any prior research

Have you checked that your brand name is not already registered? It is good, but it is not enough.

It is advisable to extend your research to previous rights. Use the IPIN files to find out if your brand is already registered for your sector of activity.

Good to know: A similar and not identical earlier mark may be the reason for a refusal on the part of the INPI.

  1. Wrong product or service class

No need to protect your brand for services you don’t provide!

On the contrary, the risk would be to push another company providing a service other than yours to request the withdrawal of your brand name.

When writing the wording of your brand, choose only the class or classes that relate to the products or services that are part of your activity.

  1. Use a name already registered in your industry

In some areas, the professional’s name is used as a trademark.

A photographer for example can deposit his name. But beware; he must still verify that a namesake has not made the same request for the same activity class.

If “Simon Lambert” is already a registered trademark in the field of photography, a new request will be rejected.

  1. Do not think about international development

If your activity is limited to India, you can content yourself with registering your brand in India.

But if you plan to extend your scope of action to other countries, you will have to take steps to register a trademark in these countries. We are talking about community and international deposits.

Good to know: A trademark registered in India gives its owner a priority right for a period of 6 months if he also wishes to register it abroad. This means that for any trademark registration abroad made within 6 months of the trademark filing in India, it is the date of the India filing that counts. If another person has registered a trademark similar to yours within this period of time, he will not be able to oppose your filing.

Finally, be aware that it is possible to register your mark alone at the IPIN.

However, the organization offers entrepreneurs a list of professionals specializing in intellectual property advice.

As a rejected trademark filing is still billed, it may be worthwhile to call on an expert in the field to avoid making mistakes when filing your company’s trademark.

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