You have a great idea, a fantastic logo, and an incredible name for that business you are launching. You want to protect those things with a trademark, but you have a very small budget. Creating a trademark on your own can be a cost-effective approach, but there are common mistakes that people often make when attempting a do-it-yourself (DIY) approach to search and apply for the trademarks. There are 5 common mistakes of DIY trademarks.
Mistake 1: Failure to Conduct a Comprehensive Trademark Search
One of the critical steps in the trademark registration process is conducting a thorough search to ensure that the chosen mark (that is, the thing you want trademarked) is not already in use by someone else. DIY practitioners may not have access to comprehensive databases or may not perform a detailed search, leading to the risk of infringement issues later on. Yes, there is a free search available, but it may not alert you to other marks that are similar to yours, so similar that it may cause confusion. A similar mark may get rejected by the USPTO and/or the person holding that mark’s registration may send you a cease-and-desist letter.
Mistake 2: Inadequate Understanding of Trademark Classes and Categories
Trademarks are registered for specific goods and services, and they are categorized into different classes. Your one mark may need to be registered in multiple classes, depending on how you intend to use it (rather, how you are already using it). DIY trademark applicants may not have a clear understanding of the classification system, resulting in the selection of inappropriate classes. This mistake can lead to the rejection of the application or limited protection for the mark.
Mistake 3: Insufficient Knowledge of Trademark Law and Regulations
Trademark registration involves adherence to specific legal requirements and regulations. DIY practitioners may lack the legal expertise to navigate these intricacies, increasing the likelihood of making mistakes in the application process. Such errors can lead to delays, rejections, or even legal issues in the future. You’ve got a limited amount of money to spend so don’t waste your money and your time those rejected applications and re-dos.
Mistake 4: Incomplete or Incorrect Application Filing
Filling out the trademark application incorrectly or incompletely can result in the rejection of the application or the registration of a weaker mark. If the application is incorrect or not complete, you will get what’s called an “office action” rather than the golden ticket of a registered mark. DIY applicants may not be aware of the specific requirements for a successful application, including providing accurate specimen samples and meeting other formalities. Marks must be applied for in each class for your goods or services. That is, if you want to trademark your logo and use it on water bottles, lip gloss, and jackets, you must apply for each of those classes. That is time consuming and expensive.
Mistake 5: Neglecting Continuous Monitoring and Enforcement
Trademark protection requires ongoing monitoring to identify potential infringements. DIY trademark applicants might not have a strategy in place for monitoring the market or enforcing their trademark rights. Many trademarks lawyers have a system and process to monitor possible infringements and act on your behalf to enforce your rights. Failing to actively protect and enforce a trademark can lead to dilution or loss of rights over time.
Trademarks Lawyer Huntsville
It’s essential to note that trademarks are valuable assets, and legal assistance from a professional, such as a trademark attorney, can help avoid these common mistakes and ensure a more robust and effective trademark registration process. Your trademarks attorney can take this burden from you, freeing up your time to focus on building your business, and help you save money and time by correctly searching for similar marks and filing your application.
If you need assistance with your trademark, contact Tanya at Huntsville Estate Planning Lawyer, LLC at 256-361-1221 or schedule your consultation online now.