Registering your trademark with the United States Patent and Trademark Office (USPTO) is important because it gives you exclusive rights to use a mark that allows your potential customers to identify and become aware of your brand. At the same time, it permits you to pursue legal action against anyone else who uses your mark or a confusingly similar mark that may tarnish your brand’s reputation. This is a short explanation of why you must fill out and submit your trademark application correctly the first time. With that being said, please follow along to find out the errors commonly made in a trademark application and how a proficient New Jersey trademark lawyer at The Ingber Law Firm can help you avoid these potential mistakes at all costs.
What errors can I possibly make in my trademark application?
It is frustrating if simple typos or clerical errors jeopardize the legitimacy of your trademark application. For example, you may accidentally misspell the name you wish to trademark. Or, you may accidentally omit small words like, “A,” “The,” or “Inc.,” when asked about your entity’s information. However, there may be more significant errors at hand, which may almost guarantee the USPTO denying your submitted trademark application altogether. More specific examples of such mistakes read as follows:
- You may be too vague when describing the products and services your mark is supposed to be associated with.
- You may have chosen a mark already registered with the USPTO or one that is confusingly similar to a registered mark.
- You may have chosen a mark that broadly references a generic product or service rather than one that uniquely signals your brand.
- You may not have enough visual evidence of your mark being used on products or services, or you may use marks with slight variations for different products or services.
What if my trademark application is denied because of these errors?
Upon reviewing your initial trademark application, the USPTO may notify you regarding certain identified issues. It is in your best interest to respond to the Office with additional information or supplemental evidence that clears up this confusion as soon as possible. This may be particularly straightforward if this concerns a single type or minor clerical error, as these mistakes do not entirely alter the meaning and purpose behind your application. So, the last thing you want is for the USPTO to consider your application “abandoned” due to a failure to respond to their action and subsequently dismiss your case over such trivial errors.
However, you may be knowledgeable enough to accept when the USPTO’s concerns and ultimate rejection of your initial trademark application are valid. With this, you may want to start from square one, so to speak, and rework your proposed mark. That is, you may submit an amended trademark application that is more consistent across your brand and more descriptive of your products and services, for example.
Nonetheless, you may fight for a registered mark up to the appeals level with the Trademark Trial and Appeal Board. So, if you are ready to bring forward a trademark application again, please first retain the services of a talented Essex County, New Jersey intellectual property lawyer. Our team at The Ingber Law Firm is ready and able to take on your case.