Trademark Problems with Registration

To avoid trademark application problems get the help from an experienced trademark law firm. The law firm will do a trademark search to determine that there is no record of a similar trademark registered, pending or in use in the same classes that you want to register you trademark.

The lawyers of the firm will furthermore also do a company name and domain name search to ensure that there are no similar names already in use as company names or domain names. It is essential to check availability of a trademark thoroughly before the final selection of the mark. Any other similar names or marks in use, pending or registered will be grounds for objection by another party. This in turn could lead to lengthy procedures and at the end of the day may also lead to the complete cancellation of your trademark.

Another trademark problem that can be avoided when making use of trade mark attorneys is that of selecting a mark that cannot be trademarked. The proposed mark may not be scandalous or deceptive. It furthermore may not suggest any connection with persons or national symbols if not directly related to such.

If the mark consists of a signature or any form of identification with a person without the person’s consent it will not pass the test. Mere descriptive marks will not be registered unless under special circumstances. A mark that simply describes the location can also not be registered. Generic terms should not be used as trademarks. It is imperative to select a strong trademark for maximum protection against infringement.

If a trade mark applied for is not in the correct class or classes then you will not be able to use such for the purpose for which you have registered it.

Contact us at Smit & Van Wyk intellectual property attorneys to assist with the registration of trademarks.

Tags: , , , ,