Avoid These Expensive Trademark Mistakes

Picture: Robert Anasch

A trademark identifies a product or service with a specific design, symbol, phrase, word, or combination of some or all of these points. The goal is to protect the property of a person, business, or legal entity, stopping others from creating the same product or service as you and potentially profiting from it.

Gaining legal protection for something you own makes sense, but you might be surprised by how many mistakes people make when they embark on the trademarking process. By being aware of these common errors below, you might be better positioned to avoid making them yourself.

Not Hiring a Trademark Attorney

Most business owners understand the importance of a trademark, especially when it can stop people from profiting from your product or service and calling it their own. However, many business owners still don’t hire a trademark attorney, even though they can streamline the entire trademarking process.

Trademark attorneys understand trademark and copyright laws, and they might even improve your chances of having your trademark approved by the United States Patent and Trademark Office (USPTO). Rather than risk having to refile unnecessarily, consider aligning yourself with trademark experts before approaching the USPTO.

Not Filing with the USPTO

Perhaps as harmful to your business as not hiring a trademark attorney is not filing your trademark with the USPTO. Even though the United States provides basic first-to-use protection, this law has geographic limitations.

For example, if you failed to file your trademark and wanted to expand into another location, you would have to ensure someone else hadn’t already filed a trademark for your product or one very similar. The sooner you register your product name and business branding, the more protection you might have and the less stress you might experience while trying to grow your company.

Not Renewing Your Trademark

When the USPTO grants your trademark, it’s valid for up to five years. At that five-year mark, you have to renew your registration by filing a Section 8 Declaration of Continued Use. Failure to do so might mean that your trademark is canceled and your business loses its product and service protection.

Ensure you plan for renewal with plenty of time to spare, as you’ll need to provide the USPTO with extensive information on the goods or services connected to your trademark, examples of how the trademark is used, your trademark registration number, and details about the owner.

Not Monitoring Your Trademark

The USPTO approves and registers your trademark, but it’s up to you to protect it and ensure other individuals and businesses aren’t profiting from it or damaging your brand. There can be a lot of time involved in trademark monitoring, but many trademark law firms offer monitoring services and can send cease and desist letters to unauthorized users on your behalf.

If those letters aren’t enough to stop people from using your trademark, they can also take legal action to hold those parties to account.

Trademarks might seem unnecessary and time-consuming, but they can be crucial to your company’s success. If you’re getting ready to offer a unique product or service, it might be in your best interest to give trademark protection your time and attention.