You have a successful online business and clients from dozens of countries. That’s great, congratulations! Your business is growing and this is the right time to protect your trademark. Losing your mark can ruin years of hard work and this is vital to have it protected.
Trademarks are assets. They are like offices or fabrics which a business might have, the difference is that trademarks are intangible. This doesn’t make them less important: in our sweet new world intangible becomes increasingly more valuable. Millions of dollars are invested in Intellectual Property: patents, designs, trademarks and copyright. You hear a lot of stories about some company suing another for US$100 million in the court. The companies know that they must defend their intellectual property in the exactly the same way as their tangible property.
We, here at Bonamark, recommend creating a unique trademark; it will have more chances to register. But what if you want to use a part of an existing trademark?
The main risks of unregistered trademarks are: that you infringe other registered trademark, that your mark will be stolen and that it is unregistrable.
There are several ways not to lose your trademark in China. The first is free and 100% bullet-proof: you must be sure that no one knows your trademark in China. You shouldn't accept clients from China, advertise, sell, talk to anyone connected with China and so on.
5 Ways to Cut Cost when Registering a Trademark. Knowing these facts is the best way to avoid overpaying for your trademark.
If a trademark "Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute" it cannot be registered in the US.
A word, which is merely descriptive of applied services or products, cannot be registered in the US, as well as in any other country of the world. This is a general rule. However, can 2 merely descriptive words be registered as a trademark?
In Vietnam you can colours when filing a logo for registration, however, you cannot register colours as your trademark.
3D trademarks are a rather new type of Intellectual Property. In many countries of the world, it is still impossible to file a 3D trademark; however, even in the countries where it is possible, the 3D trademarks are often misused.