It is very important that you consult with a trademark. The trademark attorney will be able to help you navigate through. Small businesses, entrepreneurs, and inventors: submit your trademark -related questions and learn about our tools and resources, which can help you avoid common mistakes. Using the TM Symbol Incorrectly.
Trademark Search - No Conflicting Trademarks. Not Monitoring the Status of Your Application.
Waiting Too Long to Register. New businesses, products, and services pop up every day and all. Ignoring Alternative Geographic Regions. Limiting Search to Free Databases.
The last common mistake trademark owners make is not hiring a trademark attorney experienced with the ins and outs of trademark law. The following provides a discussion of these mistakes and steps that can be taken to avoid them. When filing for a trademark registration , applicants must describe the goods and services that they intend to register with the goods and services.
The failure to follow the strict rules of the TTAB that are contained in the TBMP could result in dismissal of a case or otherwise severely prejudice a litigant’s rights.
Included in this huge section is a list of mistakes that I see on trademark applications all the time. They file their application under their personal name. When you are in the initial stages of starting your online business, you may not have registered a corporate entity yet. This is a very common mistake.
And I’m not talking about a small amount of money. I’m talking about a massive amount of money. Let’s put it this way, the $5or $0you save today by going the do-it-yourself or cheap route to search and register your business and brand names could cost you tens of thousands, hundreds of thousands, or even millions of dollars in the future. Don’t make the trademark too similar. One of the most common reasons for trademark denials is that a mark appears “confusingly similar” to another registered mark.
If the USPTO feels that consumers could confuse your mark for an existing one, they could reject your application. Too often, trademark owners make the common mistake of failing to comply with trademark requirements after their marks have been registered. Much to their dismay, they lose their rights to their marks and are left without the protection of the law. It is important to remember that trademark rights can be lost almost as easily as they are granted. It only takes three years of non-use for a federally registered trademark.
Keep an eye on your trademark. The Courts care about the degree to which a trademark owner has. Today I want to share with you of the most common mistakes I frequently see entrepreneurs make with trying to file a trademark application (without the assistance of a lawyer).
Filing under the wrong name.
It seems so simple, but yet it is one of the most common mistakes I see. Individuals, small businesses and even large corporations are often guilty of making trademark mistakes that are completely avoidable. To qualify for a trademark , the name must be distinctive and fall into one of the five identified categories: arbitrary, descriptive, fanciful, generic or suggestive. If the name that your company is attempting to trademark is too generic, it will likely not be a good candidate for registration. Here are the most common trademark registration mistakes that your business should avoid at all cost.
Late registration of one’s trademark is such a commonplace practice as most business owners are unsure of the right timing. As soon as possible” is what a business should do once the business is up and running. Learn about seven common trademark mistakes that could cost your company and how to avoid them.
The more people you invite to develop your company’s trademarks, the more people you’ll be disappointing when you end up choosing only one name and logo.
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