Don’t waste months (or even years) building a brand around a name that turns out to be unregistrable. The result? Legal fees, rebranding costs, and lost goodwill.
Here are the seven most common trademark mistakes.
- Don’t Choose a Descriptive Name
Names like “Fresh Juice Café” or “Quality Auto Repair” sound great but can’t be trademarked easily. The USPTO rejects descriptive or generic names that simply describe what you do.
Instead, choose something distinctive — a name that stands out in your industry.
- Don’t Skip the Trademark Search
Just a Google search isn’t enough. Conflicts can hide in the USPTO database under similar spellings or variations.
A professional comprehensive AI driven trademark search helps identify risks before you file and saves you time and money.
- Don’t File in the Wrong Class
The United States Patent and Trademark Office (USPTO) categorize goods and services by classes. Choosing the wrong class can weaken your protection or limit your coverage. A trademark lawyer ensures your application categorizes your business correctly.
- Don’t DIY Filing Without Legal Review
Online filing tools make trademark registration seem simple, but even small errors can cause long delays or permanent refusals.
An attorney ensures accuracy, addresses potential conflicts, and handles legal arguments if the USPTO raises an office action.
- Don’t Ignore USPTO Office Actions
An Office Action must be responded to properly and on time. Many applicants lose their rights by failing to reply or by submitting weak arguments.
- Not Monitoring or Enforcing Your Rights
A trademark isn’t “set it and forget it.” It must be monitored for infringers and enforced through cease-and-desist letters or oppositions. Failure to protect your trademark rights can weaken and lose your brand over time.
- Don’t Misuse the ® Symbol
The ® symbol can only be used after a mark is federally registered. Early usage is considered false marking and can lead to penalties.
Your brand is your business identity. Protect it the right way from day one. Build a brand on a solid legal foundation.
Contact Ganesan Law, www.ganesanlaw.com to file your trademark correctly.
