The 5 Most Common Mistakes When Registering Your Trademark
Registering your trademark is one of the most important steps in protecting your business, but doing it wrong can cause more problems than benefits. Learn about the most common mistakes and how you can avoid them from the start.
1. Not Conducting a Prior Trademark Search
Many people make the mistake of starting the registration process without checking if a similar trademark already exists. This can result in the rejection of the process or legal conflicts with third parties.
How to avoid it: Before starting the process, conduct a phonetic and graphic search with the Mexican Institute of Public Works (IMPI) or request a professional trademark feasibility study. This way, you'll avoid investing time and money in a trademark you can't register.
2. Choosing a generic or descriptive name
Names like “Modern Shoe Store” or “Express Fast Food” are difficult to protect because they directly describe the product or service.
How to avoid it: Choose a distinctive, original, and creative name. A strong trademark doesn't describe what it does, but rather represents its essence and differentiates itself in the market.
3. Registering only the name or only the logo
Some companies register only the name of their brand (nominative trademark) or only the logo (figurative or mixed trademark), leaving the other parts unprotected.
How to avoid it: Protect both elements. Ideally, register the trademark in both its nominative and mixed versions to have full coverage for its use.
4. Choosing the wrong class or not defining the services well
Registering your trademark in the wrong class or with a narrow description can leave out important products or services, reducing your trademark protection.
How to avoid it: Make sure you choose the right class according to the Nice Classification and clearly and precisely state all the products or services you want to cover.
5. Not following up after registration
Once proof of registration is obtained, many trademarks are forgotten. Failure to follow up can lead to the loss of rights due to non-use, expiration, or undetected infringements.
How to avoid it: Set reminders to renew your trademark every 10 years and hire a trademark monitoring service to monitor potential misuse by third parties.
Conclusion
Registering your trademark correctly is an investment that strengthens your business identity and protects you legally in the marketplace. Avoiding these mistakes can make the difference between a weak trademark and one that endures over time.
Ready to protect your trademark?
At Innovamotion Agency, we accompany you throughout the entire registration process, from the feasibility study to the filing with the Mexican Intellectual Property Office (IMPI). Secure your trademark from the first step with the support of intellectual property specialists.