The Risk of Not Taking a Trademark into Consideration

Do I Need a Trademark?

Intellectual property is a creation of the mind, which could include a patent, trademark, or copyright. Sometimes these inventions or ideas can be incredibly popular, and could even be the reason for the success of your business. Trademarks are a brand, slogan, or logo that can help consumers identify a business. Going through the process of registering your trademark is incredibly important to safeguard your idea. Not only will you want to make sure that the trademark is not in use elsewhere, but you will also protect it from being used by others without your permission. Here are common mistakes that people make during the process of obtaining a trademark:

Mistake #1: Failing to Conduct a Trademark Search

When trademarking your brand or logo, one of the most important components of the process is conducting an extensive trademark search. Prior to completing the trademark application process, you will want to make sure that there are no other similar trademarks in use. This can help you to avoid a number of common problems such as using someone else’s registered trademark, receiving a denial of your trademark application, or needing to rebrand your entire business. It’s best to obtain a trademark lawyer, like a trademark lawyer, who can conduct a trademark search. Most of the time, they have a number of resources at their disposal to make sure that the trademark is not already in use.

Mistake #2: Choosing the Wrong Class for Your Trademark

It’s important that you choose the correct class for your trademark. The USPTO requires that you choose the correct class of goods and services on your trademark application. Choosing incorrectly could result in your application being denied by the USPTO. The goods or services listed on your application must carry the trademark of the company. Your trademark lawyer will be able to assist you in choosing the correct class of goods and services for the trademark application.

Mistake #3: Creating a Trademark That Is Too Generic

When developing a trademark, it will need to be unique and distinctive. If your trademark is too generic, it could be rejected by the USPTO. Something too generic will not have the ability to receive trademark protection. Words need to be unique and set your business apart from your competitors. 

Mistake #4: Failing to be Responsive During the Application Process

Once you have filed your trademark application, the waiting period will begin. It can take months before you receive a decision from the USPTO. Any letters from the USPTO must be promptly tended to in order to avoid complications down the road.

Protecting Your Trademark

When developing a business or idea, you may be in the process of managing a number of things at one time. However, it’s essential that you keep your trademark and any intellectual property you are in possession of at the forefront of your mind. Taking steps to protect your trademark can help you to avoid costly mistakes down the road, avoid unknowingly using someone else’s idea, and prevent others from taking your idea. It’s essential that you take the time to consult with a trademark lawyer with experience for the help and guidance you deserve.

Taking the time to conduct a trademark search and register your trademark with the USPTO can prevent infringement from occurring. Making mistakes in the process can be costly, time-consuming, and may even impact your business. Protect your brand by contacting a trademark lawyer to help you walk through the process of obtaining your trademark.