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Choosing the wrong name
Falling in love with a name is easy, but that doesn’t necessarily make it the best option for your brand. A generic name makes it harder to register and enforce. A descriptive option, much like the generic name, accords minimal intellectual property protection. A suggestive brand name is a lot better, but you may face disputes from others using similar language, for example, “Quicshop” and “Intashop.”
Arbitrary brand names are superior, but they require significant investment to create brand awareness, an example Amazon. Such a name doesn’t relate to the business’ products/services, but with effective brand awareness campaigns, users can quickly identify the brand and enjoy stronger protection. Another option is the fanciful trademarks, for example, eBay, invented terms that don’t relate to the products/services. They offer strong trademark protection but require effective brand awareness campaigns to educate consumers about the business.
Proceeding with registering before conducting a thorough search
You’ve picked a memorable and strong mark, but are you confident that it is available? A do-it-yourself search could be useful, but it is recommendable to hire an experienced trademark attorney for a thorough effort. The search ensures that the name isn’t taken by another business. While it might seem like a demanding and frustrating endeavor, it is worth the time, energy, and money spent. It eliminates the last-minute shock since you won’t realize later that you are infringing another business, forcing you to rebrand. Rebranding is a time-consuming and costly endeavor, not to mention that it could also confuse your costumers, resulting in lost business.
Registering the wrong name
This is especially common with smaller businesses, as the owner registered their name instead of the business name. That means you are registering your name, not your business, and it can easily be rejected.
Limited registration
For smear brick and motor stores, common law protections might be enough, but eCommerce stores need to do a lot more. It would help if you had more protection to ensure that your mark isn’t used in other regions. Getting full trademark protection isn’t that hard as you only need to register with USPTO and presume nationwide validity. If you intend to operate beyond borders, you should also consider international registration to protect your business from disputes in other countries.
Registering a logo bearing a brand name is another mistake businesses make assuming that it is enough. However, such registration only protects you when utilizing the combination, a limited scope that leaves your business vulnerable. A trademark is essential as you strive to protect your intellectual property, especially as an eCommerce. With the above pointers, you can avoid some of the most common mistakes and enjoy better protection.
