Avoid These 8 Toxic Trademark Mistakes
effusion, your trademark is just another way of referring to your make. Over the past eight years I’ve had the opportunity to file and have several trademarks and patents, one of which was the main reason very own previous company was acquired. Since launching my current hosting company we’ve been filing several trademarks and patents for our company.
Little things I’ve learned over the years is that it normally takes over 12 months to complete the trademark process. According to the USPTO’s 2014 report (page 6) they now have over 605, 000 unexamined trademark applications on file. When you stand by to get your trademark, make sure you look out for these toxic trademark things:
1 . Avoid generic words.
You shouldn’t brand your current dairy product with the single word “Milk. ” Or even call your wonderful bonding product “Glue. ” A good generic word is non-distinctive, and trademark experts consent that nondistinctive trademarks are weak and don’t resist in court.
2 . Don’t ignore trademark ownership.
Would be the trademark in your name, your attorney’s name, or your corporation’s name? Get it clear and get it straight from the get-go. If this is not clear, there will be trouble if and when the brand, as well as trademark, is sold in the future. Who gets paid for it?
For most connected with my Trademarks I like to keep it simple. I personally use Legal Lens quality, a legal services company that can help you register your unique, explains that a startup’s trademark should be fanciful, independent, and even suggestive. These are all strong brand identifiers. They make it all very easy and have gotten it every time.
3. Don’t skip office actions.
During the registration process you might get an office thing letter from the USPTO. If you blithely file it at bay and forget about it you’re headed for trouble. A cubicle action letter indicates there is a problem or issue with your own personal trademark application. You should immediately respond to it, or have your personal attorney respond to it, because if you ignore it just for too long your application is abandoned.
4. Watch your language.
If you’re all fired up about the idea of using a naughty word or simply phrase for your trademark, just cool your jets. You’ve probabably heard you live in a very liberated era where anything goes, however , there are still some legal strictures when it comes to the use of profanity, obscenity and other “vulgar” words and phrases, as defined by the courts and then the USPTO. Besides, do you really want your business to be advertised by just potty word of mouth? Visit here americanbar.org
Related: Taylor Swift’s Latest Trademark Filings Reveal a Shrewd Business Strategy
5. Be careful.
You’ve searched the PTO online database, and your known name wasn’t in it, so now you’re ready to go! Not quite. Known rights stem from use, not merely from registration. The very PTO database is NOT exhaustive. Your trademark name with “Kitty Catty” may not turn up, but that doesn’t mean certainly, there isn’t already a “Kitty Katty” trademark out there undoubtedly.
You also must search state trademark registries, industry books, and especially internet domain names. A careless mistake here could very well mean years of legal action and attorney’s fees as time goes on.
6. Don’t overestimate your trademark.
“My trademark will hide all goods and services no matter what they are or who else has got them! ” Maybe; maybe not. In general, trademark ownership for starterst class will not allow you to enforce your brand against an alternate class of goods or services using the same trademark term.
You can enforce your trademark only if their services and products are actually related to yours in such a manner as to create confusion on the public mind. Dove Soap and Dove Chocolates are fantastic examples of this.