5 Trademark Mistakes to Avoid


 

You know how important it is to safeguard your brand as a business owner. Many firms, however, fail to take even the most basic procedures to guarantee that a brand receives the maximum legal protection available. What is the benefit oftrademark registration? Here are some of the most typical trademark blunders I see customers make:

 

1.       Working without the assistance of a skilled trademark attorney

2.       Failure to perform a thorough trademark search

3.       Failure to register your trademarks with the United States Patent and Trademark Office (USPTO)

4.       Not aggressively regulating your trademark once it's been registered.

5.       You are not keeping track of the status of your application.

           

Working without the assistance of Skilled trademark attorney

By nature, entrepreneurs take a do-it-yourself approach to company. This will undoubtedly assist you as you develop your product or service, design your storefront, and hire personnel, but attempting to register a trademark on your own may end up costing you time and money in the long run. During the registration procedure, numerous precise legal choices must be taken, from completing a trademark search to selecting the appropriate worldwide classes of products and services that your brand will represent. Working with a trademark attorney to acquire the widest possible protection for your brand is a good idea. Don't just take my word for it! According to a recent study done by the University of North Carolina, trademark attorney-filed applications have a considerably better chance of being approved than those that are not. The USPTO approved 57 percent of those who filed without the aid of an attorney, whereas 83 percent of people who filed with the help of an attorney gained permission. Indeed, many of the company owners we deal with went through the application process on their own, only to be refused and forced to reapply. Working with an expert trademark attorney from the start will help you avoid this costly and time-consuming blunder. Get your free consultation with skilled trademark attorney markshield

 

Failure to perform a thorough trademark search

If a confusingly similar mark is already in use, the USPTO will not authorise your trademark. As a result, you should research any comparable marks before submitting your application to the USPTO. While it's disappointing to discover that your mark, or one that's similar to it, is already in use, it's better to know before paying your costs and submitting your application. If you discover that your mark has already been registered, you have the option to make the required adjustments before submitting your application.

Many business owners realise the value of a trademark search, but many prefer to do their trademark searches using a free web search or even Google. This may appear to be a cost-effective option, but it isn't always the case. Because these searches often only turn up precise matches to your trademark, this is the case. Unfortunately, the majority of trademark challenges stem from confusingly similar marks rather than precise matches, thus your free search may not uncover all possible trademark matches. Trademark attorneys' software, on the other hand, is far more extensive, exposing not just precise matches, but also comparable similarities to your name, logo, or phrase. Engage the services of a skilled attorney to aid you with your trademark search.

 

Failure to register your trademarks with the United States Patent and Trademark Office (USPTO)

The United States is a first-to-use country, which means that merely by using your trademark in the marketplace, you have some common law rights to it. It's crucial to note, however, that these are highly restricted privileges. For example, they will only protect your trademark in the narrow geographic area where your company is located. This implies that if you ever want to expand to a region where your mark is already in use, or if you want to offer your goods or services online, your business's future development might be severely limited. Don't forget to register all of your trademarks with the United States Patent and Trademark Office (USPTO). Typically, business owners focus on registering their company name, which is a good place to start, but your company certainly has additional trademarks that need to be protected as well. A trademark is a symbol that identifies your company or brand. You should consider registering the names of your products or services, as well as your logos, slogans, and even unique colour schemes, in addition to your business name. Consult your trademark counsel to determine which trademarks your particular company should register.

 

Not aggressively regulating your trademark once it's been registered.

A federally registered trademark can last indefinitely as long as you utilise it and keep up with renewal obligations. It's critical to utilise your mark consistently, just in the manner in which it appears on your application. If your company's trademark will be used by many individuals, it's a good idea to create a style guide defining how your trademarks should be used on goods, websites, and marketing materials to maintain consistency.It is also critical to adhere to the USPTO's deadlines for renewal. The first renewal for new  trademarks will take place between the fifth and sixth years, while the second renewal will take place between the ninth and tenth years. Renewals will take place every 10 years after that. Pay heed to these renewal dates and start the renewal procedure as soon as possible.

You are not keeping track of the status of your application

At any time throughout the registration process, the USPTO can issue an Office action, which is a letter detailing concerns or flaws with a trademark application. An Office action will specify how and when you must reply in order to remedy the problem.Between the filing date until the granting of the registration, a corporation must monitor the status of its pending application every three months.The Trademark Status and Document Retrieval system may be used to follow the status of a trademark application. If a corporation does not reply to an office action within six months after receipt, the application may be abandoned or terminated, necessitating additional expenses to reinstate. abandoned or terminated, necessitating additional expenses to reinstate.

Avoid Trademark Errors

Whether you're still working on a product or have a fully operational firm, now is the time to start the trademark registration procedure. Avoid the most common trademark blunders to ensure that your mark receives the widest possible protection. Collaborate with an attorney to do a thorough trademark search. Register all of your trademarks with the USPTO and keep an eye on how they're being used in the market. If you suspect infringement, engage with your attorney to take action as soon as possible. Make sure you're using the mark regularly and that you're up to date on your renewals. These suggestions will guarantee that your tra

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