Trademark essentials

Common Trademark Mistakes to Avoid

Small oversights in naming, filing, and enforcement can create expensive problems. Learn the habits that keep your trademark strategy on track.

Trademark strategy guide · 8 min read

Trademark, copyright, and registered mark symbols inside colorful speech bubbles

A strong trademark strategy starts before you file and continues after registration. Avoiding common mistakes can save time, protect your investment, and reduce the chance of brand confusion.

Not Conducting a Thorough Trademark Search

Choosing a name without checking for similar marks can lead to an objection, a dispute, or a costly change after launch.

Choosing a Descriptive or Generic Mark

Highly descriptive or generic terms are often harder to protect because they do not clearly identify one source.

Not Registering Your Trademark

Using a mark may create limited rights, but registration can offer broader protection and clearer evidence of ownership.

Ignoring International Considerations

A mark that works in one country may conflict with an existing mark elsewhere, so expansion plans should inform your filing strategy.

Failing to Monitor and Enforce Your Trademark

Rights can weaken when confusing uses go unaddressed. Set a practical monitoring and response routine that your team can maintain.

Improper Use of the Trademark Symbol

Use trademark symbols accurately and consistently so customers and partners understand which elements your business claims as protected.

Not Updating Trademark Registrations

Business names, owners, addresses, and goods or services can change. Keep registration records current and track renewal deadlines.

Neglecting to Renew Trademarks

A missed renewal can put valuable rights at risk. Build reminders and an ownership process around every important filing date.

Assuming Trademark Protection Is Automatic

A domain name, company registration, or social handle does not automatically create trademark rights. Protection requires a deliberate legal strategy.

Take action to protect your name today.

Thousands have protected their brand by filing a trademark.

Trademark Application Process

Would you rather have the assistance of a lawyer – starting at $399?

Select what you are trying to protect

Enter the name you wish to protect

Does your mark include a living person’s name—even if a stage name or pseudonym or could it be perceived to include a person’s name?
Does your mark include any words other than English or non-Latin characters?
Are you currently using this trademark in your business?

If you do not have proof now, you can submit proof later after your trademark is submitted to the Trademark office. If you do it later, you will need to pay a $100 government fee (for US trademarks).

Will the trademark be owned by an individual or an entity such as a corporation or LLC?

Identify the owner of the trademark. This is the person or organization who will be the owner of record. If you choose individuals, you can enter as many names as you want who own the mark. With an organization, you will have to identify someone to be the person of contact for the organization.

DMCA Takedown

Complete your application in 7 minutes. Have questions? Call (877) 721-4579 or LIVE CHAT for real-time support.

Select what you are trying to protect

Identify the owner of the trademark. This is the person or organization who will be the owner of record. If you choose individuals, you can enter as many names as you want who own the work.

Notice sender details

Tell us who owns the copyrighted material and how we can reach the person sending the notice.