Prevent Common Trademark Mistakes

Too often trademarks are filed despite the reality of a multitude of mistakes ranging from:
Relying on a mere Google, Yahoo, MSN or preliminary USPTO search.
Skipping a legal comprehensive search.
Not properly analyzing the same or similar names.
Filing a legally blocked name.
Listing incorrect international classes.
Writing a poorly worded goods or service description.
Not responding to an examining attorney's office action.

Importance of Being Comprehensive

Very surprisingly even some trademark attorneys do not run comprehensive trademark and common law searches. Comprehensive searches should be 200 to 300 pages in depth with many dissimilar names found. Search strategies need to be multifaceted to find all the names that need to be compared for analysis. Literally thousands of paid databases need to be accessed to find if a similar name exists. Analysis should be done by an experienced practitioner. Similar names in sound, appearance or meaning may affect legal use. Self filing almost assuredly invites future problems. These issues need to be resolved at the very outset of your trademark's life - not when they arise in the future.

10 Year Trademark Management

Ongoing management is another issue that requires experienced skill. Normally the client is left on their own to maintain their own trademarks. This is very difficult because most business owners are either too busy or have ever changing staffs to keep correct control of their trademarked names. It is just too impractical to catch infringers. Even if an infringer does exist, the trademark owner will not recognize the other company unless it is an exact conflict. He or she will not know a similar name actually is an issue under trademark law and warrants action. The problem if the trademark owner does not know trademark law, then similar names are allowed to march on past the 5 year mark of commercial use then be able to rightfully claim acquiescence. Also, more obviously deadlines to renew names, slogans or logo trademarks are often not known or remembered in time before abandonment with the USPTO.

Why Trademark, If Problematic?

Trademark problems add up to a scenario that begs the question - Why did I ever bother to trademark in the first place? The answer is when you trademark correctly you achieve ownership rights. It is much, much easier to enforce your rights against infringing parties when you own a trademark, than common law (first use) rights offer. Gain added protection against similarities in sound, appearance and meaning with a trademark The extra control you achieve with a trademark is well worth the cost. The marketplace likes to see the trademark symbols TM, SM or ®. People find trademarked companies credible. Trademarks sell. People buy.

Free Trademark Audit

Contact us today for your FREE trademark audit. Over years of time some trademark may be forgotten, deadlines missed to file incontestability of a given mark, infringer's may be allowed to eat at your rights - ultimately resulting in Acquiescence, or giving up rights to an infringer, thereby losing your valuable trademark to them. Call us for a detailed, in depth, FREE review of your Intellectual Property - and FREE written report weighted towards your needs, constraints and future plans. We'll determine a concise plan of action and explain why and when each step should be undertaken to conserve your marks and conserve your cash. The more marks you have, the greater discount you'll be offered! Call us today!