Common Trademark Application Mistakes To Avoid

by | Oct 7, 2020 | All Up In Yo' Business, Trademarks

The trademark registration process can be extremely difficult. Especially when applying for your trademark on your own and as a beginner. If mistakes are made on the application, it may not always be an option to go back and amend or correct your application. Here are a few common trademark application mistakes to avoid to increase your odds of getting your trademark registered.

Failing to do a thorough clearance search

It is absolutely vital that you perform a thorough clearance search before you start the trademark application process. Don’t just search for identical trademarks — similar trademarks can impact your application, too.

Putting the wrong trademark drawing on the application

Be sure the trademark that you identify on the application is consistent with the one you’ll actually be using for your business.

Submitting improper specimens

You’ll have to submit proof that the mark is in being used in commerce (the “specimen”). The trademark on the specimen needs to exactly match the trademark as it appears on your application

Uploading another pic as a specimen

The specimen must actually demonstrate how the trademark is being used in connection with the goods/services on the application.

Not specifying the goods and services

There are 45 classes of goods and services broken into descriptions to help identify the trademark. It is super important that you determine the proper class(es) of goods/services before you submit the application.

Using the wrong date of first use

This is the date you first used the mark in commerce. Not the date that you registered your LLC, bought the domain name, etc.

Failing to meet TEAS Plus requirements

There are three trademark application “types,” each with different associated filing fees. Certain conditions must be met if you want to benefit from the TEAS Plus reduced filing fees.

Tune in to this week’s All Up In Yo’ Business to find out exactly how to avoid these common trademark application mistakes.  And be sure to subscribe to our YouTube channel for more All Up In Yo’ Business!

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