Common Mistakes When Applying for a Trademark for Business name
To Trademark a name
The first thing you should understand is a trademark is that it’s not a hard-and-fast process.
It only needs to be; it doesn’t have to be flawless or good enough. That said, people make some common mistakes when applying for a trademark. In this article, we’ll review the most common mistakes so you can avoid them in your application.
Applying for trademark symbol
- Make sure you have a good idea of what you want to trademark.
- Do your research and check the Trademark Office website before applying for a trademark.
- Make sure you have a good lawyer who is familiar with trademarks and can help you through the process.
- Don’t try to trademark something already trademarked by someone else; the Trademark Office will reject this.
- Don’t forget about other countries when applying internationally; there may already be a company that has already used for or owns the same or similar mark in another country, which means it could be rejected as well!
Common Mistakes to Avoid
It is vital to avoid these common mistakes when applying for a trademark. When you do, you’ll be able to avoid potentially costly errors and save time by having all of your information in order.
Using the wrong form or filing fee: You need to make sure that you’re using the correct format and filing fee based on what you are trying to accomplish.
Filing too early: You should only apply if there’s a good reason why doing so will help protect your brand name or logo from being used by someone else down the road – otherwise, there’s no point in wasting money on doing so!
1. Not performing an availability search before applying
It’s essential to perform an availability search before applying because it will help you avoid costly mistakes and save time later.
Since every country has laws regarding trademarks and design, checking if your desired mark is available in each country where you want to register it is essential.
If there are already other trademarks with similar designs or words registered in those countries, then you cannot use them for your business purposes
2. Choosing the wrong trademark classes
Second, select suitable trademark classes. Trademark classes are determined by the goods and services you offer.
To determine which class is appropriate for your trademark, consider what products/services you plan to sell and how they differ from other companies offerings.
The more specific the trademark class, the narrower it gets in identifying goods or services offered by one company versus another company’s products.
3. Not having a distinctive trademark
Any phrase, word, or symbol used as a trademark distinguishes one company’s goods from another. The critical question regarding brands is whether your mark is distinctive.
A trademark should not just be descriptive of what you’re selling; instead, it should be unique and capable of distinguishing the source of your goods from others.
4. Using the TM symbol incorrectly
- You can use the “TM” (trademark) symbol to indicate that you are using a brand.
- You can use the “TM” (trademark) symbol to indicate that a brand is pending.
- You can use the “TM” (trademark) symbol to indicate that a brand is registered.
- If a company has not registered its mark, it should not use any TM symbols, though this may vary depending on local customs and practices in your jurisdiction or country of residence.
5. Not enforcing trademark protection
You have to enforce your trademark if you want it to be recognized in the marketplace. Enforcement can be as simple as sending a cease and desist letter, or it might mean going to court and suing for infringement.
Don’t allow someone to use your name without your permission. You have trademarked the name or logo without contacting an attorney first!
Conclusion
Avoiding these common mistakes can help you avoid a lot of trouble while applying for a trademark. It’s essential to be careful and make sure your mark is distinctive before applying.
If it isn’t, then there’s a chance the USPTO will reject your application or even cancel it if they find out later on down the road.