What NOT to DO While Applying for a Trademark

This post was first published on 22nd June, 2012.

1.    Have a business? Applying for a trademark is a sheer waste of time. You must already be busy with routine chores of the business. Thinking of adopting a mark and going through the entire process of getting it registered is just tiresome and unnecessary. Business will boom if it has to.
2.    If you are thinking of a name for your mark, trying to adopt a descriptive name as your trademark will be a good idea, i.e if you are selling oranges then the trademark you should adopt is ORANGE.
3.    Have you heard of Google or Mercedes? Adopting a mark similar to such third party famous trademarks will definitely help your business to reach new heights in no time as you will be taking a free ride on their goodwill.
4.    Before applying for a trademark, do not bother conducting due diligence. Just file for an application and wait for you registration certificate. Don’t bother about any processes that might be necessary in between.
5.    Once you file an application for registering your mark, you are good to go. Just put a registered symbol next to your mark assuming the mark belongs to you now. Do not bother to track the status of your application. It is the headache of the trademark office.
6.    If you receive any official objection or examination report from the trademark office, feel free to just add it to your collection of files in an old cupboard or you can just throw it away. Responding to such objections or reports is absolutely unnecessary.
7.    If you are called for hearing by the trademark office, just sit back, relax and forget the same as it is absolutely not necessary for the registration. Who has time for hearings when you are busy handling your business, right?
8.    If at any point during the process of registration of your mark, you receive any third party opposition the best thing to do is not to respond.
9.    If your mark gets registered, then your job is done. Do not waste time in adding appropriate trademark notices while using the mark in commerce. People will figure it out themselves. Also, there is no such thing like renewal of your trademark that you need to worry about.
10.    If you are notified that a third party is infringing your trademark, don’t bother. You know its your business, how does it matter what people think? Your customers are smart. They will definitely figure it out.

Authored By –  Sarthak Saran, Shravan Kalluri

Image Source/Attribution here (This image is in the public domain)


  • June 25, 2012 Posted
    Shanel Punnoose (SNL)

    Witty! Conveys almost everything about a trademark protection and registration process squarely!

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