Is Your Trademark Still Perfectly Protected?
Many business owners think that it is the end of the story once their trademark is registered. They might just frame up the certificate and hang it on the hall of achievement. That shouldn’t be the case! You should check and audit your trademark registration from time to time. But what should we check on a registered trademark?
Goods & Services Registered Determine Scope of Protection
The goods and services registered with your trademark determine the scope of protection. For example, if you have registered your trademark in Class 43 for restaurant and cafes, you can definitely sue any infringer for the unauthorised use of your trademark on running a restaurant and cafes. However, throughout the years of development, your business expanded and now you are also selling coffee beans and pastries using your café’s trademark in your café or other retail stores. Coffee beans and pastries are not covered in your initial application. Arguably, if someone infringes your trademark by selling coffee beans and pastries, you are not able to sue them for trademark infringement.
At this point, you should pull out your certificate of registration and check. If coffee beans and pastries are really not stated in the certificate, you should file a new application to cover them quickly! When a trademark is registered in a particular classification doesn’t mean that the entire class is covered. The protection on a trademark is only limited to the goods and services registered with the trademark.
Changes on Trademark Representation
A trademark is also protected according to the representation registered. Therefore, if there are any material changes on the design of the trademark, you should also quickly file a new application to have it covered. Still not sure whether the changes on your new trademark affect the validity of your previous registration? Call us today to review your trademark registration! Of course the review is free! ;)