Trademark registration is the first step in protecting a company's brand, but in actual operation, many companies or individuals often fall into some common misunderstandings due to insufficient understanding of the trademark registration process, resulting in the rejection of trademark applications or insufficient protection scope. Today, let's talk about the "pitfalls" in trademark registration and how to cleverly avoid them.

Pitfall 1: Unable to accurately judge whether trademarks are similar

When applying for trademarks, most companies often focus on the aesthetics of the trademark, but ignore the "originality" of the trademark. As a result, when applying for trademarks, companies find that their trademarks are identical or similar to trademarks that have been applied for or registered, resulting in rejection.

So we recommend that before filing a trademark application, the applicant needs to conduct a comprehensive trademark search. Not only should the applicant checks word trademarks, but also graphic trademarks, combination trademarks, etc.  The applicant can use professional trademark search tools or entrust a trademark agency to conduct a detailed search. On the official website of the China National Intellectual Property Administration Trademark Website, the applicant can also conduct a preliminary search for similar trademarks. If the applicant finds that their mark is similar to an existing trademark, it is recommended to change the trademark design to avoid rejection due to similarity.

The applicant should be reminded that the "similarity" of trademarks is not only similar in appearance, but also in pronunciation, meaning, etc. For example, although "苹果(apple in Chinese)" and "平果 (the same pronuncation but with quite different meaning)" are different in the first character, they are the same as pronunciation and similar with respect to the shape and may also be identified as similar trademarks.

Pitfall 2: Wrong class selection

The designated goods for trademark application registration are divided according to classes. There are currently 45 classes in total. When choosing classes, many companies focus on the current business scope and ignore future development needs. As a result, when companies expand new businesses, they find that the trademark does not cover the relevant classes, resulting in incomplete brand protection, or find that their brands are preemptively registered by others, resulting in their inability to use their own trademarks in this field, making it difficult to protect their rights.

Therefore, when choosing a trademark class, not only should the current products or services be considered, but also consider the future business expansion. You can refer to the "Chinese Classification of Goods and Services" (Nice Classification) to select the classes where the company's main business is located, as well as other classes related to the main business. If the budget allows, it is recommended to register these related classes together to ensure comprehensive protection of their brands.

In addition, some classes are not similar, but in fact there may be overlaps. For example, catering companies should not only register Class 43 (catering services), but also consider Class 29 (food) and Class 30 (condiments).

Pitfall 3: Ignoring the distinctiveness of trademarks

Some companies like to use descriptive words or generic names as trademarks, such as "delicious restaurants" and "high-quality furniture". Such trademarks lack distinctiveness and are likely to be rejected during the registration process.

The distinctiveness of a trademark is a very critical factor in the trademark registration review process. Therefore, it is particularly important to choose words or graphics with originality and recognition as trademarks. If the trademark itself lacks distinctiveness, its recognition can be enhanced by adding other distinctive elements, such as graphics or unique fonts.

Pitfall 4: Ignoring the importance of international registration

Many companies register trademarks in the domestic market but ignore the protection of the international market. This is not conducive to companies engaged in international business to conduct business overseas, or their own trademarks are preemptively registered by others, resulting in the inability of products to enter the target market.

If a company has the need for international development, it is recommended to apply for trademark protection in the target market as soon as possible through the Madrid System or single country registration.

Pitfall 5: Ignoring the maintenance and management of trademarks

After the trademark is successfully registered, many companies no longer pay attention to the maintenance of the trademark after the successful registration. This may result in the submission of a cancellation application by others due to failure to use it reasonably three years after the successful registration of the trademark. This will lead to the loss of trademark rights. Or some companies do not pay attention to the subsequent trademark renewal, resulting in the invalidation of the trademark and cannot continue to use it.

Therefore, after the trademark is successfully registered, the company should establish a sound trademark management system and regularly maintain evidence of trademark use. At the same time, pay attention to the renewal time of the trademark to ensure that the trademark is valid for a long time.

Trademark registration seems simple, but it requires high professional knowledge. From trademark design to classes selection, from domestic registration to international protection, every step requires detailed planning and professional guidance. A trademark is not only a logo of a company, but also a reflection of brand value. Protecting a good trademark is to protect the future of the company.