Trademark Protection Solution

The first step to branding is choosing an original trademark

As a budding entrepreneur, you’ve got a great business. It’s profitable and you’re excited! Now it’s time to choose a proper brand name.

Imagine building a brand with an ideal name, logo, product design, active website, and ad copies, only to get stopped shortly after and charged with trademark infringement. And you knew nothing about it!

The first step to branding your business is choosing and registering a trademark. Your trademark, including brand name, logo, tagline, and even your product design and packaging are all part of your company’s valuable assets. It’s the face of your company, and the primary way your brand will be identified by both customers and investors.

With trademark protection, your brand will have exclusive rights to use your mark, this keeps copycats away.

A unique and well-protected trademark symbolizes your brand reputation, goodwill and recognition. So, how do you start your search for a unique trademark?

Here are 3 steps to get you started on the right path.

1. Choose which regions & countries you want to protect your brand.

With the world continuously merging into a global village, online marketplaces and e-commerce businesses are growing stronger and becoming more profitable with each passing day. This new reality makes international trademark protection more important than it’s ever been.

Taking your business global has never been easier but unfortunately, trademarks are highly territorial.

Having exclusive rights to a trademark in the EU does not give you such rights in USA, China, or other parts of the world. International trademark protection helps your brand expand and go beyond the shores of its home country without the risk of facing a trademark infringement lawsuit. Apply for trademark registration as early as possible in your key markets increases your chances of getting accepted, else someone else may obtain the exclusive rights to your brand.

2. Use a brand that is not descriptive of your business (do not use coffee for a coffee selling business)

Many branding experts advise startups and new businesses to choose a descriptive name for their business. Their reason being that it immediately conveys what your brand is about to customers and easier to get picked up by search engines.

Unique and memorable brand names, not descriptive ones, are easier to trademark.

This may seem smart and easy, but it also comes with many downsides including a much higher probability of being unable to receive trademark protection under international trademark law. For instance, Apple for computers, Amazon for an e-commerce store, instead of “LawnPros” for a lawn care business. Your trademark should be distinct and not descriptive.

3. Choose the trademark classes that match the products and services you sell.

The European intellectual property office (EUIPO) divides trademarks into 45 different categories; 34 for products and 11 for services. These categories are called trademark classes, and the EUIPO uses them to keep track of the hundreds of thousands of trademarks filed each year. Each trademark class provides information about the type of good or service that the mark represents.

Filing a trademark application in the wrong class will get your request DENIED and the fee is non-refundable

When registering your trademark, it is very important to file the application in the proper class, and any mistake about this may get your application rejected. If you are dealing with a new product or service, placing it in the right class may be difficult. Accurately identifying the trademark class to which your products or services belong may take some research and expertise. You can use our best practice trademark protection guides [Link to Best Practice Guides] to get some pro tips.

In your quest for a unique trademark, you can bypass these rigorous steps if you let us help you. Search for your trademark on digip.com now!

Register Domain Name

Do you know what happens after you file your trademark application?

Branding is the basis of building a solid business as it embodies the goodwill, brand reputation and recognition. The trademark of your company is a critical asset and you’ve decided to have it registered and protected by law. So, you have your application underway, but do you know what happens after you file your trademark application?

Okay, let’s get it out!

What happens once your application is filed?

Once you file your trademark application and it arrives at the EUIPO, your application is first given a number, then someone will look through it to see if everything is in order and as it should be. You’ll receive a receipt that acknowledges that your filling has been received and is being processed in the digip platform. Then you wait for a few months.

Before it gets registered, your mark is published for objections from the public

A lawyer working with the EUIPO will review your application to determine whether it is consistent with the requirements. The reviewer will also determine if your mark is qualified for trademark protection under European Trademark Law; your marks must not contain generic names or descriptive words for your business, must not infringe on an existing mark and must be filled under the appropriate trademark class.

If there are any corrections to be made in your application, you will be notified by us with recommendations on how to proceed. If the review lawyer does not find any fault with your application, then it is published in the EUIPO’s Official Database for the public to review. If nobody objects to the registration of your mark, it gets registered.

A domain that corresponds with your mark is most ideal for your business

While your mark is in the public’s eye, anyone can choose to get your mark registered as a domain name before you even get the chance. Of course, once you have exclusive right to the mark you can get the domain name surrendered to you by law. But wouldn’t it be much better to avoid domain name disputes by registering one for your mark even before you file your trademark application?

Use the digip platform to register your domain name before your trademark goes public.

Digip Completes the Trademark Application

If you want to register your trademark quickly and efficiently, digital is the way to go!

Did you know that only about 57% everyone who filed a trademark application without legal support got approved by the government? Your average success rate using a trademark attorney are 83%. Digip has over 95% success rate on its trademark applications.

What does that tell you? Of course, it’s quite evident that working with a trademark expert tremendously increases your chance of having your mark approved.

This is actually not a surprise because a trademark attorney has the knowledge and understands the intricacies of the trademark application process, they’re well-versed in legal jargon and will file the application in the required order, plus some other little facts you may not know about trademark application.

While you’re an expert in running your business, you may have very little legal knowledge of what it takes to successfully get a mark registered.

The digip platform will manage your application and recommend any changes to improve your chances of getting approved. Many prompt legal decisions are taken during the process of getting a trademark registered, we only involve attorneys where it really matters speeding up the process and saving money.

Doing it right the first time gets your mark approved much quicker, let our expert attorneys oversee your trademark application

While your trademark application is under review with the European Intellectual Property Office (EUIPO), issues may arise that need prompt response and an Office Action will be filed. An Office Action from the EUIPO must be handled urgently and accurately, otherwise you risk having your mark rejected. Every step of the way, our trademark experts and attorneys monitor your application until it’s approved. You can also follow your application and receive updates in your digip customer zone.

Getting your trademark approved is never enough, you have the legal duty to protect it from infringement

While the EUIPO gives you exclusive right to use your mark, they do not monitor how it’s used. The duty to protect your mark from infringement is yours. Now you may be wondering how you can focus on building your business while also watching the marketplace for copycats. But you don’t have to. As your trademark attorney we take up that responsibility from you. We monitor both new trademark filings once they are published for infringement and authorized users of your mark. Once we find an infringement of your mark, we take the appropriate action immediately.

No need to struggle to do this on your own. We offer free search and 100% customer satisfaction. You are entitled to a full refund all the way up to when your application is filed with the EUIPO.

Trademark Application

So you've taken the first step towards building a solid brand by getting your trademark registered. Now what?

Congratulations! You’ve successfully registered your trademark and taken the first actual step towards building a reputable brand. But don’t get so caught up on celebrations because the work isn’t over just yet. Yeah, even after the rigorous process of filing and waiting for your mark to be registered, you’ve still got some more work with protecting your mark and monitoring the mark for infringements on your mark.

First things first though; after your trademark application is registered, we will store your trademark registration certificates in your Customer zone. Then what next?

Always use the correct trademark symbols

During your trademark registration, you were probably using TM (™), but once your mark is registered you will have to start using the small R in a circle ®. The sign ® should appear on your websites, on your product packaging and labels, on your marketing copies and everywhere your brand name appears. This is the correct usage and establishes the strength of your mark. Using your mark correctly will make the public aware that the mark is registered and protected by law. Remember that even after registration, trademark protection is based on correct and active usage

Pro-tips on how to optimize and expand your trademark portfolio

Remember to promptly renew your trademark

Once registered, your trademark will need to be renewed promptly to stay viable. Newly registered trademarks are usually valid for at least 10 years before you’ll need to file for renewal. And the renewal date is usually the date of the first registration.

After your European trademark is registered, we can easily scale your trademark protection to other countries outside EU. Will

Digip platform will manage and guarantee the renewal of your trademark.

After the trademark registration, we will store your trademark certificate in your customer zone

You can easily track the status of your mark and find your renewal date in the digip platform. We will also manage any communications from the authorities regarding your trademark on your behalf.

Monitor new trademark filings and the marketplace

Trademark protection and rights depend on active usage and not just registration, and even after your mark is registered you’ll still need to monitor the market to find out anyone who may be illegally using your registered mark.

digip will report any similar trademark applications so you can stop anyone copying your trademark.

If you do not find an infringement on your mark and take action promptly, the infringement won’t stop and your mark will be weakened. And if your mark is not actively used, an infringing party may claim that your mark is not in use, therefore their use of the mark has made it legitimate and strong, so they can claim it.

No need to struggle to do this on your own we provide you all expert advice to proactively protect your registered trademark.