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

1. Weak preliminary search
   Filing without checking AGEPI, EUIPO, WIPO databases often leads to refusals or opposition.
   Solution: conduct a full search before filing.
2. Wrong class selection (Nice Classification)
   Too narrow → weak protection. Too broad → higher costs and disputes.
   Solution: analyze the business model and select optimal classes.
3. Descriptive or generic words
   Words like “Eco,” “Best,” “Original” provide poor protection.
   Solution: create a distinctive and unique brand.
4. Ignoring international protection
   Registering only in Moldova or Romania limits expansion.
   Solution: use the Madrid Protocol (WIPO) or direct EUIPO registration.
5. Incorrect use of the mark
   Non-use can lead to cancellation.
   Solution: ensure continuous use on packaging, contracts, and advertising.

Practical protection steps

1. Regular monitoring of new applications.
2. Keep documentation of use.
3. Licensing and franchising agreements with strict control.
4. Renewal every 10 years.