Building a business takes a lot of time, money, and effort. Thus, it is no surprise that companies want to protect their intellectual and financial investments by applying for trademark registration. A trademark is defined as an intellectual property (symbol, logo, words, or phrases) legally registered to identify products or services from a particular entity. This article enlists nine common mistakes one must avoid making when registering a trademark:

Not filing for trademark protection
The reach of the ™ symbol (also known as the common law trademark) is limited to the geographic boundaries of one’s company. To protect this trademark, one must register their company with the U.S. Patent and Trademark Office (USPTO). To do so, file a trademark application with the organization. Upon receiving a trademark grant from them, businesses can use the ® symbol.

Forgetting to research similar trademarks
According to USPTO guidelines, it is advisable to scroll through their trademark filing database. This gives companies a better idea of trademarks that have been registered, applied, are in use, or those that have been canceled or abandoned. It is important to note that company taglines also qualify for trademark registration and must be checked thoroughly before applying.

Not having a distinctive trademark
Filing for a trademark is a tedious as well as expensive process. Using generic names during the same is likely to result in an application rejection. For instance, using a trademark name like “Clothing and Accessories” is a weak and descriptive marker. Given its generic nature, the name is likely to be rejected. Moreover, given the number of clothing and accessories stores around the world, this name would provide little protection and be difficult to enforce.

To avoid this hassle, it is best to use a distinctive trademark from either of the following categories:

• Arbitrary
  Here, a company uses a term with a known meaning. However, this term is completely unrelated to the service they offer.
• Fanciful
  Fanciful trademark names show an air of creativity. These are non-existent terms that are born out of one’s imagination and only exist as trademark names for a specific brand’s product or service.
• Suggestive
  Lastly, brands can also opt for suggestive names that describe their products or services.

Choosing the wrong trademark class
When filing for trademark registration with the USPTO, companies must choose a trademark class. In the current filing system, businesses can choose from 45 categories – 34 for products and 11 for services. Each of these has dozens of different products or services under one number. As a result, this process can become confusing. To avoid the process of refiling, one must conduct thorough research about trademark classification and find the right category for their business.

Forgetting to monitor the application status
After filing for trademark registration, a company needs to actively check the status of its application every three months. This is because the USPTO can issue an Office action (a letter explaining the issues in the application) at any point during the process. Once this letter is issued, companies have up to six months to rectify or resolve the issue. If the company fails to respond to this letter within the stipulated time frame, their application can be canceled or abandoned.

Failing to enforce trademark protection
The responsibility of enforcing the trademark rests on the company. While the USPTO attempts to ensure that no trademark infringements occur, companies are held liable for the enforcement of legal action in patent infringement cases. Failing to do so may result in a compromised brand reputation, costly legal proceedings, or even a loss of trademark rights. To enforce trademark protection, companies must find out if someone else is using their mark, identify them, notify them to take it down, and take legal recourse if they persist. Hiring a trademark monitoring service or a trademark attorney can help make this process easier.

Using personal names in trademarks
People often use their name or their family name to create a “unique” trademark. However, according to current guidelines, using the name of a person, place, product, or service is grounds for rejecting a trademark application. It is advisable to read all the rules and regulations surrounding names closely before filing a trademark application.

Delaying the trademark registration process
One of the most common mistakes businesses make is applying too late for a trademark. This can result in severe consequences. Since the process is long and cumbersome, it is advisable to get a headstart on the same. Trademarks are also provided on a first-come-first-serve basis. Registering one’s business early can help them secure legal ownership of their business name, tagline, and logo, and reduce the risk of legal issues and infringement claims.

Not using the trademark in commerce
Before sending a trademark application, companies must apply it to their products or services or file an Intent-to-use application with the USPTO. Within 36 months of filing the intent-to-use application, the company must use the trademark in commerce and file a Statement of Use. This document declares the intended use of the trademark in the market.

In addition to the above-mentioned factors, companies must pay special attention to their application and provide a detailed description of their goods and services. Filing or submitting an incomplete application is grounds for rejection, resulting in wasted time and money.