Why register a trademark promptly?
Trademark registration follows the principle of "first to file," and the establishment of the filing date is crucial for the success of the registration. If someone else files a day earlier, it could result in the wastage of the applicant's creativity or substantial early investment in the brand. Moreover, a trademark is an intangible asset of a company, serving as a carrier of reputation and beneficial for the promotion and expansion of the brand, as well as enhancing the competitive edge in the market. Therefore, it is imperative to register the trademark promptly.
2. Can a trademark be successfully registered after the announcement?
The preliminary approval announcement of a trademark does not equate to official registration. This means the applicant has not yet acquired exclusive rights to the trademark. The trademark is only officially registered after the announcement period, when no objections are raised or when any raised objections are deemed invalid, and the Trademark Office publishes a registration announcement. Within three months from the date of the announcement, anyone who believes the preliminarily approved trademark violates relevant provisions of the Trademark Law may file an objection with the Trademark Office.
Why should a trademark be protected across all classes?
Generally, registered trademarks are protected only within their specific category. So-called full-class protection refers to: being protected across all categories, preventing others from infringing on the trademark in any category. If a company does not pursue full-class trademark protection, after its brand gains a certain level of recognition, others may register their own trademarks in different categories. Since trademark registration follows the principle of first-to-file, it's too late to register in other categories once someone else has preempted it.
Why is it necessary to entrust a brokerage agency for trademark registration?
Firstly, it's not mandatory to entrust an agency for trademark registration; registering it yourself can indeed save some costs, but it also brings certain risks. Initially, during the trademark search phase, individuals can only conduct searches through the Trademark Office's official website, which has incomplete data. Professional agencies have specialized search channels for better trademark searches. Moreover, registered trademarks must comply with trademark law regulations. Professional agencies have extensive experience and will conduct professional analysis of the trademark before registration, offering modification suggestions to enhance the likelihood of authorization and reduce the chance of rejection. Additionally, if a trademark is rejected, applicants may not know where to start. However, professional agencies will promptly organize a review based on the rejected trademark's actual situation, strive for successful registration, and greatly safeguard the rights of the trademark applicants.
What are the risks involved in trademark registration?
Trademark registration carries three risks: one, the trademark violates trademark laws; two, someone has registered a similar or identical trademark within the blind spot; three, the trademark examiner rejects the application based on subjective interpretation of similar trademarks. Professional trademark agencies can provide professional search and analysis, reduce the risks of trademark registration, and increase the success rate of registration.
