Common Mistakes in A Trademark Application

[David White]

Business owners should pay attention to obtaining their trademark registration to protect their goods and services. If the registration of a trademark has been accepted, you have exclusive rights to use the trademark and to prohibit the use of the trademark by any parties without your prior authorization.

Trademark registrations can, however, be difficult and to ensure a smooth application process you may want to look at the common errors listed below:

Trademark research errors

It is important to make sure that the trademark has not already been claimed by a third party in the same class in which you intend to file the trademark. Any other related or equivalent former trademarks held by third parties may obstruct the registration process but there is a solution for that.

You can make trademark research for Malaysia on the myIPO website, but it is best to hire a trademark application consultant to determine the possibility of objection on the basis of the presence of previously equivalent or related trademarks.

In fact, even before using the logo, this check should be undertaken out before investing hundreds of dollars into the promotion of a trademark, introducing a website, registering a domain name.

Making mistakes in class(es) and the goods and services applied

Before even defining the class(es) of interest using the Nice Classification, it is difficult to register a trademark. The Nice Classification was developed in 1957 by the Nice Agreement and has been used as a reference for the category of products and services globally. According to this classification, there are 45 classes, 35 of which are related to products and then the other 10 to services.

This is a very repetitive and time-consuming procedure. It is, however, a critical element of the trademark strategy since products or services cannot be added once the trademark application has been submitted. If you are confused in this stage, that is pretty normal. For professional trademark application services in Malaysia, you can reach us anytime.

Failing to apply for the whole scope

You can register a word, a text (in plain font) as a trademark. Or the logo only. Or a symbol in white and black, or in color. Or, if possible, a set of trademarks. In this respect, a trademark registration expert would be able to guide you based on various standards in different states or regions. There are options to extend your trademark rights, and when creating a trademark strategy, this needs to be addressed.

Failing to consult a trademark registration agency

As mentioned above, when submitting trademark applications, there are foreseeable problems to be eliminated. A trademark application agency will help predict such problems that will usually save you money. They will help you address potential concerns that might occur during the review process of your trademark application.

Please get in touch if you require some assistance in this respect, or with deflecting trademark application errors. To read more about our services, you can also check out our website.

Looking to get trademark registration for your business in Malaysia? Then, visit this website to help you with the trademark registration process.