Trademarks and trademark filing is important because it lets consumers find the source of the product and thus allowing them to find the quality they are willing to purchase. Though it might be very tempting to file a trademark of your own viewing its economic benefits, still, it has many inherent risks those should be addressed right at the beginning. filing a trademark
With this article, we have tried to highlight some of the important risks those are associated with filing a trademark on your own. filing a trademark
Trademark laws are complex- Like patents; trademark laws are complex that involves many rules, regulations and federal statutes those need to be followed while applying for a trademark. For example, most of the trademark-related rules were incorporated from the Lanham Act.
The Lanham (Trademark) Act (Pub.L. 79–489, 60 Stat. 427, enacted July 5, 1946, codified at 15 U.S.C. § 1051 et seq. (15 U.S.C. ch. 22)) is the primary federal trademark statute of law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising.
Apart from this, the primary federal trademark statute comprises of many chapters, sub-chapters, and other parts. To do justice with the trademark filing the applicant should have the complete understanding of trademark law.
Putting it simply, we can say that trademark laws are vast, complex and structured and thus doing everything on your own could be risky. filing a trademark
Trademarks are issued on first to use basis- In countries like the United States, trademarks are assigned on first-to-use basis wherein it is not mandatory to file trademark application with the federal agency to avail trademark rights. Thus a trademark can be deemed valid even if it is not registered with the federal agency, provided the owner has used that mark in products and/or services.
All we are trying to say that Common Law is something that exists in the United States that makes trademark search even more complex and we need to search state registries as well as non-federal documents like yellow pages, financial documents and business directories. If you are uninitiated and this is for the first time you are entering into the trademark domain, finding the true resources for trademark search can be a tough nut crack. Filing a trademark becomes even more problematic if you are doing all trademark-related works of your own.
Finding databases and search resources could be overwhelming: A complete and full trademark search is possible only when you are familiar with various trademark search databases. For example, it is not enough to rely merely on Trademark Electronic Search System Database but we also need to search individual state trademark databases, business directories, financial disclosures, and many such sources. If you are new to this domain it could be overwhelming to find relevant databases.
Using trademark search databases can be difficult for newcomers- Not only is that there are plenty of trademark search related databases but each database has its own way of functioning, has its own algorithm, unique search operators and wildcards making it difficult for a newbie to know the search mechanism of the database. filing a trademark
It involves lengthy paper and leg works- Trademark search, trademark filings, and trademark related office actions involve lengthy paper and leg works those can be overwhelming for those who are uninitiated.
You need to be careful even after being granted with a trademark- The job doesn’t end after getting a mark registered but you will have to monitor trademark throughout its life cycle to ensure that nobody else is mis-using your mark. Thus an efficient and robust trademark monitoring mechanism will have to be put in place even after securing registration for a mark.
Simply stated, when you are about to invest your precious resources in a trademark filing it is important to seek the assistance of trademark search experts who are well versed with rules of the trade and filing a trademark of your own could be risky.
