When you are completing your trademark application, you must confirm that all the information provided is accurate and true. This is because the United States Patent and Trademark Office (USPTO) may take any inconsistency as an attempt at misrepresentation, or even fraud. Continue reading to learn what will happen if there is a misrepresentation in your trademark application and how an experienced New Jersey unfair competition lawyer at The Ingber Law Firm can help you avoid this.
What will happen if there is misrepresentation in my trademark application?
To reiterate, if you make a false claim in your trademark application, the USPTO will consider this to be an act of misrepresentation. However, if they believe that you had the intent to deceive, they may consider this to be an act of fraud. Examples of why the USPTO may believe that you had the intent to deceive include the following:
- You lacked the intent to use on all of the products or services in your application.
- You lacked the intent to use on some of the products or services in your application.
- You do not use the mark with any of the identified products or services on or before the trademark filing date.
- You do not use the mark with some of the identified products or services on or before the trademark filing date.
In any event, the USPTO may decide to hold your application or registration void indefinitely. What’s more, a willfully false statement is punishable by prison time, fines, or both.
How do I avoid a misrepresentation?
Before all else, when completing your trademark application, you must confirm that, to the best of your belief, no third party has the right to use this trademark on or in connection to the products or services you identified. At the same time, you must confirm that, to the best of your belief, the products or services you identified are not identical or in a similar form to those already in the marketplace and that they will not cause confusion for potential consumers.
With that, you must supply evidence that you intend to use all of the products or services you identified in your application. Or, you must supply evidence that you have the right to use the mark on all the products or services you identified in your application.
Understandably so, it is easy to get confused with the legal terms used in a trademark application. So, to avoid any mistakes, we recommend that you fill out your application alongside a skilled New Jersey trademark lawyer. We have reviewed an innumerable amount of applications just like yours, so do not hesitate in picking up the phone and scheduling your free initial consultation with us today.
