Why register a trademark promptly?
Trademark registration operates on a first-to-file principle, and the establishment of the application date is crucial for the success of the registration. If someone else files a day earlier, it could result in wasted creative efforts or significant early investments 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 marketing of the brand, as well as enhancing its competitive edge in the market. Therefore, it is imperative to register a trademark promptly.
2. Can a trademark be successfully registered after the announcement?
The preliminary approval announcement of a trademark does not equate to its registration approval. In other words, the applicant has not yet acquired the exclusive right to the trademark. The trademark will only be registered upon the announcement, provided no objections are raised during the announcement period or if any objections are deemed invalid by the Trademark Office. Any person, within three months from the date of the announcement, may file an objection with the Trademark Office if they believe the preliminarily approved trademark violates the provisions of the Trademark Law.
Why is it important to have a full-class trademark protection?
Generally, a registered trademark is protected only within its specific category. So-called full category protection refers to: being protected across all categories, preventing others from infringing on the trademark in any category. If a company does not engage in full category trademark protection, after the company's brand gains a certain level of recognition, someone else may register their own trademark in a different category. Since trademark registration operates on a first-to-file principle, it's too late to register in other categories if someone else has already preempted the opportunity.
Why委托an agency for trademark registration?
Firstly, it's not mandatory to hire an agency for trademark registration. Registering yourself can indeed save some costs, but it also comes with certain risks. Firstly, during the trademark search phase, individuals can only conduct searches through the official Trademark Office website, which doesn't have complete data. Professional agencies have specialized search channels for better trademark searches. Moreover, the registered trademark must comply with relevant trademark laws. 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 the trademark is rejected, applicants may not know where to start. Professional agencies, however, will promptly organize a review based on the rejected trademark's specifics, striving for successful registration and ensuring the rights of the trademark applicant to the fullest extent.
What are the risks associated with trademark registration?
Trademark registration carries three risks: one, the trademark infringes upon trademark laws; two, there's already a registered identical or highly similar trademark in the blind spot; three, the trademark examiner rejects the application based on subjective interpretation of similar trademarks. Professional trademark agencies can offer professional search and analysis, reducing the risk of trademark registration and increasing the success rate.
