The do’s and don’ts of filing a trade mark application

There are a number of things to keep in mind in order to heighten your chances of a successful trade mark application. Below is a list of the key trade mark do’s and don’ts to consider when filing.


Do some prior research

Prior to adopting any new trade mark, one of the first things you should consider is to run a clearance search to ensure you are not infringing another individual’s existing rights. Carrying out a prior search is of vital importance as submitting a trade mark application with no background search may result in both a financial loss and valuable time if your application were to be denied. You can carry out a search independently or better yet, have the experts at Lawdit do for this for you.

Choose the right mark

When considering which mark to register, ensure it is registrable. Names that already exist, that are descriptive or offensive are just some of the things that may deem your application as refused. If you are unsure as to what can and cannot be registered as a trade mark, check out the absolute grounds and relative grounds are governed by the Trade Marks Act 1994 and remember – the more unique your proposed mark is, the higher chance it stands of being successful.

Get some expert advice

Do gain the advice and guidance of an expert! Having an expert on hand may seem costly at a first instance, but having someone who specialises in trade marks will not only provide you with professional guidance, but also give you the reassurance of knowing that someone is taking you through the process step by step. Trade marks can be very technical, therefore it is best left in the hands of the experts.


Do not copy another brand

Despite the temptations of using another brand to give yourself a boost for business attraction, using or imitating another brand will not only likely find your application refused, but also be subject to an action of infringement from the owner of the mark you are copying. As such, be sure to avoid any form of copying at all costs.

Delay the application

Even though it is not compulsory to register your trade mark, registering provides you with heightened intellectual property value, protection, and stronger rights over your brand. As such, if you have decided on a name for your mark, you should file your application as soon as possible. If you delay your application you may find that another individual gets there first. Act fast!

If you have any questions relating to this article of the trade mark application process, contact us today.

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