30The following is a transcript of my video Red Flags for Any Trademark Application

Trends on social media move so quickly, but this one has lingered, and it’s about red flags. Because it’s related to social media, I only learned about it because of my children and my family, but a lot of posts about red flags use the red flag icon or emoji, and then warning signs about a particular topic. This is a perfect analogy for trademark filings, because we see warnings or red flags all the time. I want to briefly share with you five red flags that might be raised with any trademark application filing.

  • The first red flag: failing to search properly in advance of the filing, and knowing what potential conflicts might be out there.
  • The second red flag we see all the time when it comes to trademark applications is not using an attorney. That makes the odds of success lower when there’s no attorney. And it’s also in the public records that the applicant is chosen to go at it alone, and that can actually have some perception when others are researching a potential infringement or receiving information about your trademark in a demand letter and they see that there was no trademark attorney involved. That sends a red flag.
  • Another application red flag is not properly understanding use of a trademark, and what constitutes use and the proper evidence or specimens to demonstrate that use.
  • A fourth red flag when it comes to trademark applications is not understanding the mark itself that goes into the application, and the decisions and options in the mark drawing as to whether to file a standard character mark or a logo. And if a logo, whether to file in color or in black and white. These are red flags, not understanding them.
  • Final red flag. A topic we talk about a lot is the scammers and not being aware of them. Any time somebody files a trademark application, they hopefully are aware that they’re about to be inundated with scams and junk trying to rip them off.

These are five red flags that anyone should avoid, in my opinion, when preparing to file a trademark at the U.S. Patent & Trademark Office. If you have questions about filing for your trademark application to protect your business’ brand, you can always reach me at erikpelton.com and connect with me there, or find me on any social media and leave me a comment or send me a message.



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