In the competitive market, it is important to have a distinguishing feature that sets you apart from the rest. A trademark serves to protect a word, phrase or symbol representative of your business.
However, the process of applying for one is sometimes complex. Without proper preparation, it is possible to end up making avoidable mistakes.
Applying for a trademark
The United States Patent and Trademark Office discusses the process of filing for trademarks. The first step is, of course, to file an application. An examination of the application will follow, which will take place with an attorney. It is their job to ensure the application looks ready to register and to make sure it checks all legal requirements.
The trademark undergoes a period of publishing for 30 days. In this time, any public member can oppose the trademark if they believe it will cause harm to him or her. Without any opposition, the application will move on to registration, which can take up to three or four months.
Most of the errors will occur in the first stage, or the application process. The vast majority of these errors are small, simple and easy to avoid.
Common errors during the application
Some of the most common errors include the trademark only describing the product, or using the name of another person that has not consented to the use of their name. If the trademark is only a surname or the specimen does not show use of the trademark, the application are also fixable mistakes.
Some mistakes are not fixable, though. This includes listing an incorrect trademark owner or identifying goods incorrectly. This is why it is important to apply carefully.
