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
