One of the first big things you should do for your business is get a trademark from the USPTO. It protects your company’s identity and helps your business grow. When you are ready to submit your application for trademark protection, problems like these might slow you down:
1. Likelihood of Confusion.
Your trademark application can be rejected if the examiner thinks that there is a likelihood of confusion. A trademark has to be unique, so consumers can know who made the product or who the service is from. It’s not just about being the same as another trademark. The USPTO can think that most people might confuse your business with someone else’s. It can be because of a similar trademark already out there, then your application will likely be denied.
2. Listing Your Trademark in the Wrong Class
Did you know there are 45 different classes for trademarks? 34 are for products you sell, and 11 are for services you offer. You will need to put your trademark in the right class, but it is not always so simple. For example, selling coffee in a can is different from selling coffee beans. They may both be coffee but they belong to different classes. If you have a business with different products or services, you can register your trademark under more than one class. This will ensure you protect everything.
3. Specimen Refusal
When you apply for a trademark, you must show the USPTO an example of how you’ll use it for your business. This example called a “specimen“, may be a picture or a printout of your product with your trademark on it. For products, it may be a tag or a label on its packaging or your mark on your store. For services, it may be advertisements, brochures, websites, or even a service vehicle that promotes your mark. You need at least one specimen for your application.
What you need to show as an example for your trademark can be different depending on what kind of trademark it is. But if they refuse the specimen you show, you might still be able to fix it
4. Registering who owns the registered trademark
Choosing the trademark owner is a decision that should be based on your long-term business plans. Make sure you have decided who, you or your business, will own the trademark before you send your paperwork to the USPTO. This decision might not stop your application, but it can cause problems later. Especially, if you need to protect your trademark in court or if someone else uses it.
Conclusion
Making errors on your trademark application can cost you both time and money. While legal representation isn’t required, working with an intellectual property attorney can be more efficient and cost-effective in the long term. It can significantly improve your chances of approval. Find out how Lockhart IP can help your business thrive today by booking a consultation with us!