Registering and protecting a trademark involves more than just filing paperwork. Many businesses make costly errors that could lead to rejection, enforcement issues, or even the loss of rights. Here are some of the most common trademark mistakes—and how to avoid them.
1. Failing to Conduct a Proper Search
One of the most frequent—and avoidable—mistakes is skipping a comprehensive trademark search before adopting a name or logo. If a similar mark is already in use, you risk infringing on someone else’s rights or having your application denied. A professional clearance search can save time, money, and potential legal trouble.
2. Choosing a Weak or Descriptive Mark
Marks that are merely descriptive of the goods or services they represent (e.g., “Creamy Yogurt” for a yogurt brand) are difficult to register and enforce. Strong marks are distinctive—either fanciful (made-up words like “Kodak”), arbitrary (existing words used in unrelated contexts like “Apple” for computers), or suggestive (like “Netflix” for streaming).
3. Relying Only on Common Law Rights
While common law trademark rights arise automatically from using a mark in commerce, they are limited geographically and can be harder to enforce. Federal registration provides broader protection and legal advantages, including a presumption of ownership and nationwide priority.
4. Failing to Enforce Trademark Rights
Once you own a trademark, it is your responsibility to police it. Failing to monitor the marketplace or enforce your rights can weaken your mark and, over time, lead to loss of exclusivity.
5. Ignoring Maintenance Deadlines
Registered trademarks must be maintained by filing specific documents at regular intervals (such as declarations of use). Missing these deadlines can result in cancellation of your registration.
Avoiding these common pitfalls begins with awareness and continues with the support of experienced trademark counsel. Investing in proactive protection now can save you from major setbacks later.
