Ensuring your business’s trademark is properly registered and protected is crucial for maintaining brand identity and avoiding costly legal disputes. However, many business owners often due to misinformation make preventable mistakes in the trademark process that can lead to serious financial consequences. Here are the top five trademarking mistakes that could cost your business big time:
1. Failing to Conduct a Comprehensive Trademark Search
Before adopting a new trademark, it’s essential to conduct a thorough search to ensure that the mark isn’t already registered or in use by another entity. A basic Google search or domain lookup won’t uncover every risk especially unregistered (common law) trademarks.
Why it matters:
Overlooking this step can lead to legal disputes, denied applications, or costly rebranding. For example, Meghan Markle’s application for her lifestyle brand “As Ever” faced challenges due to similarities with existing trademarks, highlighting the importance of a comprehensive search. (Vanity Fair)
2. Applying for the Wrong Class of Goods or Services
Trademarks are registered under specific classes that correspond to particular types of goods or services. Filing under the wrong class or failing to include all relevant ones can limit the scope of your trademark protection.
Why it matters:
A trademark filed in the wrong class doesn’t offer coverage for what your business actually does, leaving you exposed. Meghan Markle’s “As Ever” application reportedly encountered issues partly due to unclear inventory descriptions and classification confusion. (New York Post)
3. Not Monitoring and Enforcing Trademark Rights
Registering a trademark is just the beginning you also need to monitor how it’s used in the marketplace and take action against unauthorized use.
Why it matters:
If you don’t actively enforce your trademark rights, others may dilute your brand or claim similar marks without challenge. Over time, this can weaken your legal standing. Buc-ee’s, a Texas-based gas station chain, is well-known for vigorously enforcing its trademark rights, including filing lawsuits against similarly named businesses like Barc-ee’s. (MySA)
4. Neglecting International Trademark Protection
Trademarks are territorial, meaning a U.S. registration does not automatically protect you in other countries.
Why it matters:
If your business sells internationally or plans to you’ll need protection in those markets as well. Tools like the Madrid Protocol can help simplify international filings, but approval still depends on each country’s rules. The growth of online shopping has made global brand protection more critical than ever, especially as counterfeit goods and IP theft rise.¬†
5. Attempting to Trademark Common or Descriptive Terms
Trademarks must be distinctive. Trying to register a generic or overly descriptive term is one of the most common mistakes business owners make.
Why it matters:
The USPTO typically rejects applications for terms that merely describe the product or service unless they’ve gained ‚Äúsecondary meaning when the public strongly associates the term with a specific source. Meghan Markle’s American Riviera Orchard was initially rejected because ‚ÄúAmerican Riviera is a widely used term for Santa Barbara, making it difficult to claim exclusive rights. (The Sun)
How Indie Law Prevents These Mistakes
Trademarking mistakes can be costly, but they’re also avoidable especially when you have the right legal team guiding you. At Indie Law, we help you:
- Conduct Comprehensive Searches to catch conflicts early
- File in the Correct Classes so your mark protects what you really do
- Monitor and Enforce your trademark to stop infringers
- Secure International Protection for global growth
- Choose a Distinctive Name and avoid marks that won’t pass review
By partnering with Indie Law, you can protect what you’ve worked hard to build and focus on growing your business with confidence.
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