When Not To Register Trade Mark ?

When not to register trade mark?

There are several situations in which you may not want to register a trademark:

1. If you are not using the trademark in commerce or don’t have plans to use it in the near future. In order to be eligible for trademark registration, you must be using the trademark in connection with the sale of goods or services.

2. If the brand is a one-off project and you do not plan to re-use the brand.

Part of a Registered House Mark

3. If the trademark is not distinctive and it carries a registered house-mark. A trademark must be distinctive in order to be eligible for registration. This means that it must be able to distinguish your goods or services from those of others. If the trademark is not distinctive, it may be rejected by the trademark office.

For example:

Trademark 1 : Lymesol = Registered Trade Mark = Our main brand/ house mark.

Trademark 2: Lymesol Trademark. This may not be a distinctive mark because it has descriptive word and we do not plan to register this mark because (i) our main brand is registered and (ii) services related to this brand is identical to our main brand and (iii) the mark may not be distinctive and it is descriptive.

Availability issues

4. Trademark is similar to an existing registered trademark. If the trademark is similar to an existing trademark, it may be rejected by the trademark office or may be subject to a legal challenge from the owner of the existing trademark.

Nature of the mark:

5. If the trademark is offensive or inappropriate. Trademarks that are offensive or inappropriate will not be registered by the trademark office.

Financial:

6. Lack of budget and you do not mind potential copycats, imitations and possibility of losing the brand.

We have a million reasons that you should register and protect your trademark(s) and there are few circumstances where registration may not be necessary. It is advisable that you seek professional advice because IP is a valuable assets.

Still not sure if you should register or not to register your trade mark? Talk to us, click here.

Whatsapp: +01134226688

Email: lymejuice@lymesol.com

Other beneficial website(s)

https://www.myipo.gov.my/en/home/

https://www.wipo.int/portal/en/index.html

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