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How to Avoid Trademark Filing Errors

Posted by Brandon Selinsky on May 3, 2017 3:25:51 PM
Brandon Selinsky


One of the most common ways our law firm helps individuals is by correcting trademark filing errors. If not properly remedied, some of these errors have the potential to create problems for the mark holder.

The United States Patent and Trademark Office has particularly complex laws regarding how trademarks should be filed. Due to these complicated laws, statistics for the first quarter of 2017 reveal that not every trademark is properly filed.

In order to ensure that a trademark is properly filed, individuals who are interested in filing a trademark should consider contacting an attorney.

Common Trademark Filing Errors

There are a variety of ways in which trademark filing errors occur. When filing a trademark, it is always a wise idea to be aware of the most common types of mistakes, which include the following:

  • Avoid Similarity. One of the most common types of errors made by individuals who file a trademark is that the mark appears too similar to the Patent and Trademark Office to another existing mark. If the office feels that a mark would cause confusion for consumers, the trademark will likely be denied.
  • Be Specific When Filing. Trademark applications require filers to describe the goods or services offered by a company. While the Patent and Trademark Office offers a list of preapproved descriptions for trademarks, individuals should both make sure that an accurate description is chosen and write a more specific description if circumstances merit doing so.
  • File the Proper Type of Application. Individuals can file different types of applications based on how a trademark will be used. If an individual has not begun to use a trademark, the individual should consider filing an “intent to use” application.
  • Know What Language To Avoid. There are certain phrases that individuals should avoid using when filing a trademark. For example, individuals should avoid using the words “including” or “includes” because this type of language lacks specificity. Individuals should also avoid using “descriptive” or “generic” words when filing for a trademark because these words have a greater chance of being rejected by the trademark and patent office.
  • State the Proper Owner. When filing for a trademark, individuals should make sure to clearly state who owns the rights to the trademark. If a company is the owner of the mark, the filer should make sure that the date of the filing application is set after the date of incorporation for the company.

How a Seasoned Trademark Lawyer Can Help

Trademark law is a unique area of law that requires particular knowledge. Fortunately, the legal counsel at Whitcomb, Selinsky, McAuliffe, PC is able to help individuals respond to these types of cases. Our attorneys know how to ask the right questions about trademark ownership to prevent small mistakes from eventually turning into larger errors.

From start to finish, our firm will remain dedicated to making sure that your trademark case resolves in a positive manner. Do not hesitate to call our Denver office at (303) 534-1958 or complete a convenient online form.

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Topics: Trademark Law