Trademark Application Mistakes to Avoid
Trademarks have existed since the medieval age. Even though the process of trademarking has changed over time, the fundamental purpose remains. Trademark protects businesses and their products or services from being copied or imitated by others.
A trademark helps consumers differentiate between products or services in the market and can also symbolize the quality of a business’s goods or services. But for a trademark to be effective, you must register it with the relevant authorities.
Trademark registration can be complex and confusing, and even a slight mistake could cost your business dearly. Here are some common mistakes people make when applying for a trademark and how to avoid them.
Failure to Research Availability
Before applying for a trademark, you must ensure it is available for use. Your application will be rejected if there is a similar trademark in service.
To avoid this mistake, conduct a comprehensive search of all existing trademarks before applying for your own. For instance, suppose you want to trademark the name of your business. First, search for similar terms that have already been registered. You can do this by searching through the United States Patent and Trademark Office (USPTO) records.
Failure to Use a Distinctive Mark
Your trademark must be distinctive enough to serve as an identifier of your business. If it is not, your application will be rejected. Choose a mark that is unique and not similar to any existing trademark. It should also be able to distinguish your goods or services from those of other businesses in the market.
Don’t use a generic trademark that describes the actual goods or services you offer. For instance, applying for a trademark that says “clothing” would be considered generic if you sell clothing. Generic trademarks are not allowed because they cannot serve as an identifier of your specific brand. As such, they cannot be protected under trademark law.
Failure to Learn the Classifications
Trademarks are classified according to the type of goods or services they represent. There are 45 different classes, and your trademark must be under the correct class for your application to be accepted.
Familiarize yourself with the different classification categories before applying for a trademark. You can find a list of all the classes on the USPTO website. Once you know which class your trademark falls under, include that information in your application.
Failure to Track the Status of Your Application
After submitting your trademark application, the USPTO will review it to see if it meets all the requirements. Once your application is approved, you will be assigned an examining attorney who will conduct a further review.
During this time, track the status of your application. Respond promptly to any requests or questions from the USPTO. Otherwise, your application may be canceled or abandoned, which may cost you more time and money in the long run.
Failure to Protect Your Trademark
Once your trademark is registered, you must take steps to protect it from being used without your permission. This step includes using the ® symbol next to your trademark whenever it appears on products, literature, or advertisements.
You should also monitor your trademark use in the marketplace and take action against any businesses that attempt to use it without your permission.
If you are unsure about any aspect of the trademark application process, it is best to consult with a qualified trademark attorney. They can help you avoid making costly mistakes that could jeopardize the success of your application.
You can trust us at Mohajerian Law Corp to provide you with the best legal services regarding your trademark application. Our experienced attorneys will guide you through every step of the process to ensure your successful application. Contact us to schedule a consultation.