- Failure to search first. Without first doing a comprehensive search, you do not know whether someone may already be using a similar name for a similar product or service, or whether there is a pending application or registration that could block your application.
- Not including the proper logo or wording as the “drawing.” The wording of the proposed trademark and the image of a proposed logo cannot be significantly or easily amended. There are procedural restrictions regarding any such amendment. As a result, errors in the wording or the image can derail an application.
- Listing the owner incorrectly. Who owns the trademark and the application? A corporation? An individual? A partnership or joint venture? It must be identified correctly or the application could be void.
- Improper description of goods or services. The scope of the goods or services in the application cannot be expanded after the initial filing is made. In addition, if there is a potential conflict, defining the goods or services with the potential conflict in mind may be significant.
- Is the trademark used as a “certification” mark? Certification marks are special types of trademarks that require special applications with additional information and evidence. A certification mark is used by authorized parties to show that goods or services meet certain qualifications and standards.
Top mistakes made when you do DIY filing of a trademark
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