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The preliminary work completed before filing the application will have a significant impact on the success of the trademark registration. The more you can prevent potential stumbling blocks and minimize risk upfront, the more likely you are to have a smooth application procedure. Here are some practical methods to assist you to design a trademark strategy that will improve your chances of getting your mark registered.
It's all too easy to come up with a name that accurately reflects your product or service without having to think too hard. It appears so much simpler to utilize a very simple word as the name for your goods since creativity is hard work. It's not a good idea! Avoid descriptive markers to save time, money, and worry. One of the most prevalent reasons for trademark application rejection is because the mark is merely descriptive. Think of a word that conveys specific attributes of your product without stating them explicitly. You may even try coining a brand-new phrase (i.e., a fanciful term).
If you strongly believe in the use of descriptive phrases, apply for an acronym if the abbreviation is not already well-known.
You'll want to avoid any previous trademark applications that might confuse. There are two compelling reasons for this:
A knockout search reveals the trademark filings that are the most likely to be rejected due to the possibility of confusion. While our knockout search does not include common law trademark use, a number of third-party suppliers do.
Trademark applicants can minimize delays in the examination process by using pre-approved product and service descriptions, as this reduces the likelihood of receiving an Office Action requiring amendments to the identification of goods or services.
Furthermore, it's a good idea to create an identifier that avoids any existing trademark filings that might become a registration roadblock. If your mark is almost identical to a registered mark or a previously filed application, for example, eliminating some descriptors on purpose may lessen the possibility of a probability of confusion denial.
If a thorough search reveals a highly similar mark, it may be preferable to adopt a new mark, especially if your firm or product is still in the early stages of development. It'll be a pain, but it'll be a lot less of a pain than having to switch afterward. Imagine spending thousands of dollars on brand development only to be forced to liquidate the existing inventory and start from scratch with a new brand.
When it comes to safeguarding intellectual property, the basic guideline is to file as soon as possible and to be first in line if at all feasible. This applies to both patent and trademark applications. You can even apply for a trademark even if you haven't sold any goods or services yet. If you delay, you put yourself at a significant disadvantage since your application will be examined after those filed before yours. This not only requires you to wait for the results of previously filed petitions, but it also puts you in the position of having to fight such applications.
Neglecting to develop a trademark strategy has a number of drawbacks.
Unfortunately, many candidates submit their applications without planning ahead of time. They are thus forced to react to problems that may be impossible to overcome. The goal of a smart trademark strategy is to prevent such hassles, or at the very least reduce the chances of rejection to a level that justifies continuing forward.
Even a seemingly successful trademark approach might have flaws.
It is possible to complete all the necessary steps and have your trademark application approved by the Intellectual Property Office of the Philippines (IPOPHL). Once approved, the trademark application is then published for opposition. At this stage, it becomes uncertain how third parties may respond to the publication of your mark. If your application is opposed, you will need to prepare and implement a trademark opposition defense strategy.