Articles
How to Avoid Pitfalls in Trademark Registration and Protection
Why preparation is crucial
Trademark registration may seem simple: file an application, wait, and receive a certificate. In practice, however, many legal pitfalls can cost time, money, and even the brand itself.
Mistakes during registration lead to refusals and disputes; mistakes in protection lead to loss of exclusive rights.
Key pitfalls
- Weak preliminary search
Filing without checking AGEPI, EUIPO, WIPO databases often leads to refusals or opposition.
Solution: conduct a full search before filing. - Wrong class selection (Nice Classification)
Too narrow → weak protection. Too broad → higher costs and disputes.
Solution: analyze the business model and select optimal classes. - Descriptive or generic words
Words like “Eco,” “Best,” “Original” provide poor protection.
Solution: create a distinctive and unique brand. - Ignoring international protection
Registering only in Moldova or Romania limits expansion.
Solution: use the Madrid Protocol (WIPO) or direct EUIPO registration. - Incorrect use of the mark
Non-use can lead to cancellation.
Solution: ensure continuous use on packaging, contracts, and advertising.
Practical protection steps
- Regular monitoring of new applications.
- Keep documentation of use.
- Licensing and franchising agreements with strict control.
- Renewal every 10 years.
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