The Nugget
- You could be wasting money on trademarks by making common mistakes during the application process, which could lead to invalidation and loss of rights.
- Seek professional legal advice to avoid costly pitfalls in trademark registration and maintenance.
Make it stick
- 🔍 Using a wrong owner name on your application can invalidate your trademark.
- 📅 The date of first use must represent when you actually started selling under the mark, not when you registered your LLC or website.
- 🛒 Misclassifying goods/services can result in a narrower scope, requiring additional applications and fees later.
- 📄 Submitting the wrong specimen can lead to application rejection – make sure it's the correct representation of use.
Key insights
Six Mistakes to Avoid in Trademark Applications
- Incorrect Owner Listing: Ensure the correct entity is listed (individual vs. LLC) to avoid application voidance.
- Wrong Date of First Use: List the correct date you began using the mark in commerce to prevent legal disputes later.
- Misidentified Goods or Services: Specify accurate goods/services you're selling to avoid limiting your trademark's scope.
- Improper Specimen: Ensure your specimen correctly demonstrates the mark's use in commerce to prevent rejection.
- Neglecting to Use Your Trademark: Trademarks must be actively used; otherwise, they may be deemed invalid.
- Failure to Monitor and Enforce: Regularly check for potential infringements on your trademark to maintain its validity and uniqueness.
Bonus Tip
- Inadequate Trademark Search: Many services only conduct surface-level searches; a comprehensive search is vital to avoid similar marks that could affect your application.
Key quotes
- "Your trademark is only valid as long as you use it."
- "A trademark application is a legal process; it’s appropriate to have a lawyer look through your application."
- "If you stop using the mark, the trademark is no longer valid."
- "You need to continue to monitor and enforce your trademark to make sure it’s not diluted."
- "Doing a comprehensive search is crucial to ensure you’re not infringing on any existing marks."
This summary contains AI-generated information and may have important inaccuracies or omissions.