Top 8 Trademark Mistakes Your Start-Up Must Avoid

1. Avoid the Basic Words: For instance, you should avoid using the term “Milk” in your dairy product’s name. Alternatively, call your excellent bonding product “Glue.” A generic term is non-distinctive, and trademark experts believe non-distinctive trademarks are unenforceable in court.

2. Delayed Filling: From the company’s beginnings, we understand that life is hectic. But not so agitated that you can’t spare the few hours required to get the registration process started. While it will take from months to years to be registered, you may start using the TM sign right away. Despite this, many preeminent startups put it off because they believe it is unimportant. However, it would be best if you kept in mind that depending on the strength of the other company’s claim to the name, slogan, or logo you believed was yours, you may have to say goodbye to it.

3. Using the TM Symbol Incorrectly: This sign is intended to let others know that you believe the term you’re using is your trademark. This will grant you common law rights in some nations. However, this does not imply that the mark is legally protected and that you may sue anyone who uses it infringingly. If that’s what you mean, you won’t be sued for it. The use of TM isn’t usually considered a fraudulent trademark assertion. In conclusion, you are free to use it in any way you see fit.

4. The Sooner the Better: Although having established itself as a worldwide brand, Pinterest only filed a trademark registration in the United States in 2012, two years after it began operations. Premium Interest, a relatively unknown media startup, had trademarked the term in Europe and Australia by that time. Pinterest is attempting to remedy this by demonstrating its presence in these regions. Still, even if it succeeds, all of this effort would have been unnecessary if they had trademarked the name earlier.

5. Don’t Ignore Trademark Ownership: Is the trademark registered in your name, your attorney’s name, or the name of your company? Get it clear and to the point from the start. If this isn’t obvious, problems will arise if and when the brand or trademark is sold in the future. Who is compensated for it?

A startup’s trademark should be imaginative, autonomous, and provocative, according to us (Mark Shield), a legal services organization that can help you register your trademark. We make things simple and have always succeeded.

6. Using Pre-Established Name: The fact that you’re trademarking a name indicates that you understand the significance of a brand. Even if it does not operate in India, using a well-known brand name isn’t the best strategy.

This may work in your favor in China (trademark squatting is a considerable business there since the government strictly follows the first-to-file method). Still, it won’t work in India because we follow the standard law system.

7. Don’t Ignore Legalities: The trademark registration office may send you an office action letter throughout the registration process. You’re going to get into problems if you file it away and forget about it. An office action letter indicates that your trademark application has a problem or issue. You should react very away or have your attorney respond right away because if you don’t, your application will be abandoned.

8. Watch Language: If the notion of utilizing a filthy term or phrase for your trademark has had you all worked up, empty your mind, take a deep breath, and relax. Although you may believe you live in a time where anything goes, there are still certain legal restrictions on the use of profanity, obscenity, and other “vulgar” terms and phrases, as determined by the court. After all, do you want your business to be marketed by lowlifes?