Most Common Mistakes Made When Filing a Trademark
As a business owner, you know the importance of protecting your brand. Filing a trademark application can be tricky, and if you make even one mistake, your application could be denied. In this article, we will discuss some of the most common mistakes people make when filing for trademark protection.
1.Not Using the TM Symbol Properly:
The TM symbol is a way to indicate that you are claiming common-law rights to a mark. You can use the TM symbol on any mark that is not yet registered with the USPTO.
However, once you receive federal registration for your mark, you must use the ® symbol. Federal registration gives you many benefits, including the presumption of ownership and exclusive right to use your mark nationwide.
If you continue to use the TM symbol after receiving federal registration, you could lose some of these valuable benefits.
2.Filing for the Wrong Type of Trademark:
There are two main types of trademarks: trademark names and logos. It’s important to file for the correct type of trademark protection based on what you want to protect.
For example, if you want to protect the name of your business, you would file for a trademark name. On the other hand, if you want to protect your company’s logo, you would file for a trademark logo.
If you’re not sure which type of trademark protection is right for you, it’s best to consult with an experienced trademark attorney in Los Angeles.
3.Filing without Doing a Proper Search:
Before filing a trademark application, it is in your best interest to do a thorough search of existing trademarks. This will help you avoid any potential conflicts and increase the chances of your application being approved.
There are many online resources that can help you with this process, but it’s always best to consult with an experienced trademark attorney for optimum results.
4.Filing Without a Basis:
You can only file for trademark protection if you have a legitimate basis for doing so. There are three main bases for filing: use in commerce, intent to use, and foreign registration.
If you cannot check one of the bases mentioned above, your application will likely be denied. Consult with a knowledgeable trademark lawyer to determine which basis is right for you.
5.Not Identifying All the Goods and Services You Want to Protect:
When you file for trademark protection, you need to specify all the goods and services you want to include in your application. If you don’t, your trademark registration could be limited in scope and not provide the full protection you need.
Have Questions about a Trademark Application Process? Contact the Highly Reputable Omni Legal Group Today.
Filing a trademark can at times be difficult to do by yourself. The lawyers at Omni Legal Group have years of experience filing all types of trademarks and can handle your application for you.
We are a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.
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