There are many possible mistakes that trademark owners can – and do – make which impact their present or future rights and/or the strength of their brand. Here are some of the top mistakes made by trademark owners:

  • choosing a brand name that is generic or very descriptive
  • choosing a name that is not unique in the industry
  • failing to search the USPTO records  for clonflicts before choosing a new mark
  • failing to search the internet and beyond for conflicts before choosing a new mark
  • failing to apply to register the mark with the USPTO as soon as possible – even before it is launched when applicable
  • making any type of crucial mistake in the trademark application
  • failing to monitor the trademark for infringement
  • failing to properly use the trademark and the correct trademark symbols
  • failing to renew a USPTO registration
  • failing to include trademark provisions in agreements, including employment agreements, partnership agreements, and independent contractor agreements


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