Protecting your brand identity through trademark registration is an important business step but the process is often filled with costly errors that can jeopardize your intellectual property. This blog will cover several of the most common mistakes during the trademark registration process and how to avoid them to make the process as smooth as possible.

Trademark registration can be a complex process particularly with the modern convenience of trademark registration online. Many businesses experience issues that delay or even derail pending trademark applications. From classifying your products in the wrong category to sending in an incomplete application, these errors can jeopardize your brand's legal protection. Knowing these typical errors is the first step in having a successful trademark registration. Being proactive will help ensure that your brand receives the strong legal protection it deserves from day one.

Wrong Class Filing

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A common and critical error is filing the application for an incorrect class of goods or services. The Internationally Nice Classification System categorizes all goods and services into 45 distinct classes, with classes 1 to 34 covering goods, and classes 35 to 45 covering services. Selecting the right class is crucial as your trademark registration protects your brand only in the classes you specified.

For example, if you have a clothing line and incorrectly register under Class 30 (food items) instead of Class 25 (clothing), your trademark will not be protected against competitors in the clothing business. Unfortunately, mistakes of this nature cannot be fixed after a trademark filing. The only solution in this case would be to file a brand-new application. This would mean spending more time and additional resources. A thorough trademark registration online process starts with an appropriate classification. Therefore, a successful trademark registration depends on the accuracy of this step.

Incomplete Docs

An incomplete or incorrect application for trademark registration online is one of the primary causes of costly delays and rejections. The trademark office will inspect every detail and even minor inconsistency can bring the process to a halt.

Common errors include:

Incorrect Applicant Details: Inconsistencies in the applicant’s name and address will result in the trademark application being void.
Insufficient Proof of Use: In the case of "in-use" applications, you need to submit clear proof that the mark is being used in commerce such as an image of the product packaging, labels, or marketing materials.
Vague Description of Goods/Services: The scope of the description must be specific and consistent with the selected classification.

A quick review of each document prior to initiating your trademark registration online process is a must for a successful trademark registration.

Missed Deadlines

The stages of the trademark registration process are time limited. Failing to meet a deadline could lead to the complete abandonment of your application or result in the loss of rights to the trademark. A significant deadline to track is for the renewal of the trademark; a trademark is valid for 10 years and must be renewed periodically in order to stay in force.

Also, if the trademark examiner objects to your mark, or a third party opposes your mark during the publication period, you will have a limited period of time to respond. Not responding to the inquiry in a timely manner is often considered a waiver of your claim. Staying vigilant and involved is essential to keeping your trademark registration and is a vital part of the trademark registration online experience.

Lawfinity’s Pre-Check Review

Trademark registration can be a complicated process. At Lawfinity, we try to make this process as easy as possible with our Pre-Check Review service. This service is designed to identify and rectify any potential basic mistakes before submitting your application. Our team of trademark specialists will thoroughly examine your documentation, confirm the appropriate class filing, and make sure all the information is correct for your trademark registration online. With Lawfinity, you are making an investment in a process that reduces your risks, while maximizing the chances of successful trademark registration. Let us take care of the details so that you can confidently build your brand.