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4 Mistakes To Avoid When Seeking A Trademark

On Behalf of | Mar 18, 2023 | Trademarks

Trademarks are incredibly important. They help to protect your company’s brand and its intellectual property. Formal registration of the marks that you are either using or hope to use is not an undertaking that you want to overlook as a company owner.

All too often, companies fail to secure formal trademark approval when they first submit an application to the U.S. Patent and Trademark Office. Generally, this is because they’ve made one of a few very common mistakes. Let’s take a look at what some of these mistakes are so that you can avoid them.

The mark is already registered

First and foremost, a trademark has to be free for use. If it is already registered, or if someone else has already applied for that trademark, you will not be able to secure it for your company.

It is too common

Another potential concern is that if you’re trying to trademark something that is generic or that is commonly used, you’re likely to encounter challenges. When branding efforts are simply too common, there is no way to trademark them and prohibit others from using the same. A trademark can only apply to something unique that relates to your brand.

Part of the application is inaccurate

Simple paperwork mistakes can derail a trademark application. Don’t underestimate the value of proofreading and checking your work.

There is an issue involving a name

There are a few things that can go wrong if you’re trying to trademark a name. For example, if you’re trying to trademark someone’s name, you’ll likely need their consent. As a name is critical to company branding, seek legal guidance before committing to one and attempting to trademark it.

Some of these mistakes can be fixed and others mean that a trademark application is almost certainly going to be rejected. Either way, it’s important to know what legal options you have and what steps to take when things get complicated, as formal registration of a critical trademark can potentially make or break a company or creative endeavor.