COMMON TRADEMARK MISTAKES
Trademarks are one of the most valuable assets in your business, but small mistakes can lead to big legal and financial headaches. I’ve seen so many entrepreneurs run into issues that could have been avoided with the right strategy from the start.
Here are some of the most common trademark mistakes I see—so you can steer clear of them.
1. Choosing a Name That’s Too Descriptive or Generic
Trademarks must be distinctive to qualify for protection. A name that merely describes the product or service (e.g., "Fresh Juice" for a juice brand) is likely to be rejected. The strongest trademarks are unique, suggestive, or entirely made-up words.
2. Failing to run a Comprehensive Trademark Search
A basic Google search isn’t enough. Many businesses skip this step only to find out later that a similar mark exists, which can lead to rejection and infringement lawsuits.
3. Assuming Owning a Domain or Social Handle Equals Trademark Rights
Just because you own a domain name or Instagram handle doesn’t mean you have trademark rights. A trademark protects your business legally, whereas a domain or handle can be taken down if someone else has prior rights to the name.
4. Filing in the Wrong Class or Too Many Classes
Each trademark application requires selecting the right class of goods or services. Filing in the wrong class can lead to refusal, and applying in too many classes without actual use can result in a weak registration. A well-strategized classification ensures proper protection without unnecessary costs.
5. Not Using the Trademark Properly After Registration
Once registered, a trademark must be actively used in commerce exactly as filed. Modifying the logo, changing the brand name slightly, or failing to use it consistently can result in loss of rights. Regular and proper usage is key to maintaining your trademark’s strength and validity.
6. Delaying Registration Until Business Growth
Waiting until your business is more established before filing a trademark can be a huge mistake. If someone else registers a similar mark first, you may lose the rights to your own brand. Early registration protects your business from infringement risks and legal battles.
7. Overlooking Trademark Maintenance and Renewals
You need to renew and maintain your trademark to stay active. If you fail to file the proper maintenance documents at the right times, your trademark can be cancelled.
Which of these trademark mistakes surprised you the most?
