5 tips for registering your trademark

 

1. Originality is the key to a good brand

As with other intellectual property rights (patent, copyright), a good dose of originality is essential for protection. An imitator does not benefit from any protection because he or she is not original. To have a strong trademarkso you have to think outside the box. By opting for acronyms or neologisms, you should be able to choose an original brand that the public will easily remember. In addition, an original trademark will be easier to defend before the INPI or a court of law, in the event of an action by a competitor.  

2. Inform yourself before registering your trademark

Before registering your trademark, you should be aware of what is going on in your area. Once you have chosen a name, you should make a background checkto check that there are no prior rights that would have a name close to your project. Trademarks registered without a prior art search are very often opposed by third parties. This can result in the risk that the trademark will not be registered, and the money invested in filing and launching the trademark will be lost. It is therefore strongly advised to ensure the availability of the name before starting the filing procedure.  

3. 3. Register your trademark with a good wording

The time of vague and imprecise wordings is behind us! Today, trademark offices (INPI, WIPO, USPTO...) want clear wordings, where the products and services of the depositor are easily identifiable. If your wording covers an entire class, you risk receiving oppositions from third parties, even though they operate in a completely different sector of activity from your own. However, if you opt for concise, tailor-made wording, you can reassure third parties - who will be spared the need for an opposition procedure.  

4. Not ignoring INPI notifications

In order to register a trademark properly, it is sometimes necessary to dialogue with the National Institute of Intellectual Property. The latter in fact provides depositor adviceto help them fill out the deposit form correctly. However, it often happens that the INPI is responsible for the irregularities in the trademark application. If you do not respond in time to these notifications, your trademark application will be rejected. The INPI does not reimburse any royalties already paid. Above all, you will have to start the entire filing procedure all over again.  

5. Using and monitoring your trademark

Once your trademark is registered, you must use it. There are indeed an obligation to use the mark. If you don't exploit it, you risk losing your right. Fortunately, for the first few years after you file, you are not subject to this obligation. It is also strongly recommended to monitor your brand. It's all about making sure that no competitor tries to take your name. Thanks to brand monitoring, you are informed at an early stage and can therefore act quickly and cost-effectively. Every action taken to defend your brand strengthens it a little more.