What are the Common Mistakes Trademark Owners Make?

by | Nov 23, 2013 | Trademark Law

Unlock the Power of Professional Trademark Registration

Many entrepreneurs attempt to cut costs by personally handling their Federal trademark applications. However, unbeknownst to them, there are significant pitfalls in navigating the application process solo. What are these common mistakes?

  1. Incorrect Trademark: Often, businesses register what they perceive their mark to be, rather than the mark the business genuinely uses.
  2. Incorrect Owner: Confusingly, individuals and corporations are distinct legal entities. Small business owners frequently list themselves as the trademark owner when it is the corporation that owns and utilizes the trademark, putting the registration in jeopardy.
  3. Incorrect Date of First Use: This crucial date signifies when the trademark first appeared on materials related to your goods or services.
  4. Incorrect Description of Goods and Services: A comprehensive list is imperative for a Federal trademark filing. Failure to use the mark with all listed goods or services makes the registration vulnerable to challenges.
  5. Not Conducting A Proper Trademark Search: Before pursuing trademark registration, conduct a thorough search across USPTO, state registries, domain names, social media, online directories, and common law trademarks. Address potential conflicts to prevent legal repercussions, consulting with a trademark attorney when necessary.
  6. Choosing A Weak Or Descriptive Trademark: Opt for a distinctive trademark that stands out. Weak or descriptive trademarks can face registration challenges and limited protection.
  7. Not Using Your Trademark Correctly: Consistent and prominent use of your trademark across various materials is crucial for establishing and maintaining rights. Incorrect use may lead to genericization or abandonment, risking your registration and exclusive rights.

Register Trademarks

If any of these items in a trademark application is incorrect, then the trademark application or registration is subject to cancellation.
Fraud Upon the United States Patent and Trademark Office can be triggered by even an innocent mistake. If a trademark application is fraudulent, the trademark application or registration can be cancelled.

Let Us Guide You

Navigating the intricacies of trademark registration demands precision. Avoiding these mistakes is paramount to securing a successful registration and preserving your brand assets. At [Your Law Firm Name], our experienced trademark attorneys are here to guide you through the process. Don’t jeopardize your brand – trust the professionals.

Contact us at Verna Law, P.C. for any trademark questions at anthony@vernalaw.com.