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Saturday, August 15, 2020

Common Trademark Mistakes That You Need to Avoid

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Your trademark will help customers identify your brand and your business. Trademarks can include anything from sounds to colors to holograms. Your trademark represents your brand.

When you are ready to develop a treatment there are some specific things that you need to be aware of so you can avoid. If you make these mistakes you may need to pay legal fees and other fines down the road.

1. Do not use generic words

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If you have a dairy product the world milk should not be your trademark. You should not refer to your bonding agent simply as glue. Genetic words are not distinctive and they will not hold up in court.

They are not easy to relate to your brand either. You need something that customers can remember as being specific to your product and to your company.

2. Pay attention to trademark ownership

You need to be aware if the trademark is your name and the name of your corporation. You need to have a clear view from the beginning. If not there can be trouble in the future.

You will need to pay legal fees if you are found to be at fault. Do some research to make sure the trademark idea you have is not already in use.

Keep trademarks simple. Legal Zoom is a great place to help you register your trademark name. They will also provide suggestions for thetrademark. The trademark should identify the specific brand.

3. Pay attention to office actions

When you are registering your trademark you should get an office action letter ready. This will help determine if there is an issue during your trademark application. If you have this letter you need to respond to it immediately or have your attorney respond to it. If you wait too long your application may be rejected.

4. Watch the language used

If you want to use naughty words or questionable language just stop right there. You may want to be liberated but this can have the opposite effect. Use of vulgar language will actually hurt your business. It may not be a good way to advertise your business either.

5. Be Complete

You need to search the PTO online database and make sure the name you want to use it not it in. This database is not exhaustive and you still need to do some search. Even if your name did not turn up it can still be registered in any place with a slightly different spelling.


You need to search state trademark registries, publications, and internet domain names. If you do not do your research now you can get in a lot of trouble down the road.

6. Do not overestimate the trademark

Many trademarks are used for all goods and services. Trademark ownership should be used for one brand alone and should not be used in a different class of goods and services.

Your trademark registration will only hold up in court if the products or services you are using it on are related to your product and is not used to confuse the public. For example Dove Soap and Dove Chocolates may use the same name but they are two totally different types of products.

7. Protect Your Trademark at all time

Once you have your trademark registered and you begin to use it you need to protect it. Once you have registered your trademark you do not have to worry about it expiring. The trademark can still become in effective in a number of years.

If your employees use it improperly or third parties begin to your use trademark for knockoffs it will begin to lose its value. As soon as the Apple Watch was released in less than 24 hours knock offs were on the market. You need to be able to protect your trademark.

8. Do not forget about the tagline

In addition to your trademark it is important to have a catchy tagline. If you have a great tagline you need to do the best you can to protect it.

Taglines can make your product popular and you need to make sure it is related to your exact product. Taglines are very important for most products and they can make an ordinary product iconic.

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