Trademark mistakes cost business owners big money every year. So we compiled a list of the most significant trademark mistakes that we see people make. Business owners can avoid most of these problems by learning about them and taking action early on. While many more mistakes crop up, these represent the trademark mistakes to pay the closest attention to.
Trademark mistakes cost money.
Non-Exhaustive List of Trademark Mistakes
Not Running A Proper Search
This trademark mistake occurs often. A business owner finds a name they like, but instead of doing a proper trademark search, they rely on a quick Google search or a search of the federal trademark database. While those actions serve to find obvious problems, they do not uncover all (or even most) of the possible trademark conflicts.
Trademark conflicts cost business owners tons of money. And sadly, these business owners have the power to prevent conflicts. Smart business owners conduct comprehensive trademark searches to find marks that confuse consumers (note: it’s not just marks that are the same as your mark that confuse – it’s any mark that is similar enough to your mark).
If you intend to invest in your brand and make it an asset, running a trademark search remains a crucial step towards protecting long-term business value.
Picking A Weak Trademark
When it comes to trademarks, some names work better than others. A weak brand arises for a variety of reasons, but most often, this happens because the potential mark qualifies as descriptive. While descriptive trademarks are not always bad (ahem, Counsel for Creators), many of them create problems.
The United States Patent & Trademark Office gives less protection to descriptive names, at least initially. This means that some trademark registration benefits remain unavailable. Business owners should consider the possibility that their name is descriptive, and work with a trademark attorney to understand the upsides and downsides of such a situation.
Not Enforcing Your Rights
Trademark rights go away if not enforced. If someone uses a mark too similar to yours, that confuses consumers. Anything that confuses consumers weakens your trademark rights. Enforcement does not always mean filing a lawsuit; it can mean monitoring your trademark or filing a social media takedown. Too many people focus on getting a trademark registration, but not enough time thinking about what happens after.
The ultimate point: if you care about keeping your trademark rights, care about enforcing them. If you have questions about doing that, take the time to get help from an attorney.
Not Filing A Trademark Registration
Anyone with trademark rights should file for federal registration of their trademark. Federal registration confers essential benefits that help to build a strong brand. While the process takes some time, it enables you to create a solid legal foundation.
Federal registration gives you priority throughout the country, rather than just in the places where you have used the mark (which happens when you do not register your mark). Additionally, waiting longer might mean that someone else may file for a trademark before you do even if you were the first one to use the mark. While there are ways around that, it tends to cost more.
Doing It Yourself
Trying to do it yourself ranks as the biggest trademark mistake. While many business owners can understand trademarks rather quickly, several pitfalls may put one’s mark in danger. While many DIY services help brand owners file paperwork (aka the easy part), they cannot provide the legal advice necessary to make informed decisions (even about simple things like picking the right trademark class). Often, people who go the DIY/cheap online legal service route find that fixing problems arising from doing it themselves costs more than doing it right in the first place.
DIY services also provide little or no help with trademark Office Actions. That’s a huge problem.
Working with trademark attorneys helps business owners to feel confident that they understand the trademark process and the key elements of protecting a brand. Trademark attorneys can provide answers that can take a long time to find on the Internet (and that are often confusing or wrong) in a matter of minutes. Don’t waste time and energy on the DIY route.
How Do You File A Trademark Properly?
The trademark registration process takes some time. However, if you think ahead and avoid the trademark mistakes we listed above, you can get super legal benefits.
We typically recommend that businesses work with an attorney to ensure a proper trademark application. In doing so, we urge clients to plan and consider various trademark costs.
Since trademark registration means an investment in building brand value, we want you to get it right.
