Registering a trademark is an important move for businesses of any size, but the application process demands close attention to detail. Even minor errors can delay approval, create legal obstacles, or weaken the protection a trademark offers. We often see clients come to us after trying to handle the application on their own, only to run into preventable issues. Knowing what to avoid before starting the process can help save time and money in the long run. Working with a trademarks lawyer can provide clarity and direction during this important phase.

Choosing A Trademark That Is Too Generic

One of the most common issues in trademark applications is attempting to register a term that is too generic or merely descriptive. Words that describe a product’s basic characteristics—like “cold” for ice cream or “soft” for pillows—typically don’t qualify for protection. While descriptive terms might feel like a clear way to communicate what your business offers, they don’t meet the distinctiveness requirement that the USPTO looks for. Strong trademarks are unique and capable of identifying the source of a product or service without relying on obvious descriptions.

Skipping The Trademark Search

Another common mistake is not doing a thorough trademark search before filing. Some business owners assume that because a name seems original to them, it must be available. But a thorough search helps reveal existing trademarks that could conflict with your application. Overlooking this step can result in rejection, opposition from other trademark holders, or the need to rebrand entirely. Conducting a search early in the process can flag potential problems and help you adjust your strategy before filing.

Submitting An Incomplete Or Inaccurate Application

Details matter in trademark applications. Incomplete information, incorrect classifications, or errors in how the trademark is used in commerce can all lead to problems. For instance, selecting the wrong international class for your goods or services may result in a rejection or limit your rights. Likewise, submitting the wrong specimen—such as a mock-up instead of actual use—can cause delays or denials. Taking the time to accurately describe how and where your trademark is used can improve your chances of approval.

Delaying The Application Process

Another mistake we see is waiting too long to file. Trademark rights are based on who uses the mark first in commerce, but registering a trademark gives you broader protection and legal benefits. Delaying your application may allow someone else to register a similar name, creating challenges for your business down the line. Acting early helps protect your brand as it grows and can provide a stronger position if disputes arise.

Misunderstanding Maintenance Requirements

Securing a trademark doesn’t mean the work is done. Some applicants overlook the need to maintain and renew their registration. The USPTO requires specific filings at set intervals to keep a trademark active. Missing these deadlines can lead to cancellation, even if the trademark is still being used. Keeping track of these requirements is essential for keeping your registration in good standing.

Working With Legal Guidance Can Prevent Setbacks

A lot of these mistakes can be avoided with proper planning and the right guidance. Filing a trademark involves more than submitting a form—it requires thoughtful planning and a solid understanding of what the law requires. Attorneys like those at Kaplan Law Practice, LLC can help guide you through each step so your application is complete and submitted correctly. If you’re thinking about applying for a trademark or want to protect your brand, we invite you to contact us today to discuss how a legal professional can help.