Typical mistakes

National Institute of Intellectual Property

Typical mistakes that occur at the time of submission and filling out an application for registration of a trademark.

  • providing information about the applicant, for example, in the column "NAME OF THE APPLICANT", which indicates the full name of the legal entity or the surname, name, patronymic of an individual. The form may not contain the name of the applicant, which must be entered in this column, or it is incorrectly indicated;
  • information regarding the legal address of the applicant and the address of correspondence in the column "ADDRESS OF THE APPLICANT", also the full postal address, TIN, BIN, etc. This information may be incorrectly filled in, for example, the name of the settlement or information about the location may be missing, that is, the street name, house number may be missing, or the index or city name may be incorrectly specified;
  • information regarding the indication of the country of origin of the applicant in the column “Country code according to the WIPO standard St.3”. In this column, the code of the country of origin of the applicant may be missing or it is incorrectly indicated;
  • in the declared designation. The wrong type of trademark may be mistakenly indicated as the one submitted for registration. For example, if a designation for a standard form of a trademark is filed for registration, and the applicant can indicate that this mark is a holographic or some other mark. The designation itself may also be absent in the place where the designation should be indicated, that is, in the corresponding field. The designation must clearly fit into the square field, without going beyond its limits;
  • in the indication of color or color combination. It happens that in the declared designation, which may consist of several colors, the applicant does not indicate the primary colors. For example, if a designation is depicted consisting of red and black, then black may not be indicated. The indication of the colors is quite important: if the colors indicated in this column of the application differ from the image of the mark, you can receive an examination request;
  • in the list of goods and services applied for registration. The list of goods and services should not be too generalized, since the goods and services covered by these concepts can belong to different classes. For example, "sporting goods". The concept of "sporting goods" can include, for example, "sports shoes", "sports jerseys" - 25 class., "Gymnastic apparatus", "boxing gloves" - 28 class. The names of goods and services should not be duplicated. When classifying the list of goods and services, it is necessary to pay attention to all explanations and additions that accompany the name of the goods or services. Products must also be classified according to their function or purpose;
  • inaccuracies or technical errors in the design or content of documents, for example, a power of attorney often reveals discrepancies with the application form in indicating the name of the applicant or in the address;
  • inadequate quality of the submitted designations;
  • the absence of a mandatory document in the application - an application, designation, a list of goods and services according to the ICGS classifier, a power of attorney, a copy of priority applications, a payment document confirming payment for examination services, etc.;
  • incorrectly filled in the data in the column "Claimed convention priority for a previously filed application (s)".

It should be noted that these typical errors may be the basis for sending examination requests, which delay the time for examination of applications for industrial designs and trademarks.

I would also like to note that in the case of a non-simultaneous submission of the list of documents established by law for obtaining a title of protection for software and technical specifications (application for a software patent in the prescribed form, an image of the claimed product and description, an application for registration of technical specifications in the established form, the declared designation, the list of goods and services of the ICGS), then the date of application will be set by the date of receipt of the last of the above documents.

When submitting applications for the provision of state services "Registration of a trademark", "Issuance of a patent for industrial property objects", "Issuance of a patent for a selection achievement", "Registration of an appellation of origin of goods" often made mistakes by applicants:

  1. an application in an unspecified form;
  2. an application not certified with an electronic digital signature;
  3. application under a different template (for example: other petitions);
  4. the application is signed by another person;
  5. an application for the provision of public services is sent before a decision on registration of a trademark is made, while the application is at the stage of substantive examination;
  6. there is no signature and seal of a legal entity when submitting an application on paper.