Even small mistakes in your trademark application can derail it entirely. Simplicity may feel safe, but simple errors—like misidentifying your goods, skipping clearance searches, or misusing symbols—can cost you both time and money.
Common Trademark Filing Mistakes and Their Solutions
- Wrong owner information – Listing the wrong entity or individual can be fatal. Double-check precise legal names.
- Incorrect goods or services description – Don’t say “labels” when your mark appears on wine. Describe the actual item or service.
- Skipping a clearance search – Up to half of USPTO refusals stem from existing marks.™ Start with a full search.
- Misusing ™ and ® symbols – ® is only for federally registered marks. Misuse can invite scrutiny—or penalties.
- Neglecting maintenance – Missing Section 8 or 9 deadlines can cancel your mark. Stay on top of renewal notices.
Practical Steps for Error‑Free Filing
- Review your client’s entity details—make sure the owner listed matches their legal status.
- Describe goods and services clearly and specifically; match how they’re actually used or provided.
- Invest in a comprehensive clearance search before filing—better safe than re-filing later.
- Use ™ while pending and switch to ® only after registration is issued.
- Track deadlines for maintenance: Section 8 at 5‑6 years; Section 9 at 9‑10 years. Set reminders now.
Trademark FAQ
What happens if I list the wrong owner on my application?
The USPTO may refuse or later cancel the application. The best fix is to file a new, accurate application under the correct owner.
Can I describe my goods in broad terms like “labels” or “boxes”?
No. Your identification must describe the actual goods or services. For example, if your mark is used on wine, list the wine—not its packaging.
When should I use TM vs. (R)?
Use TM while your application is pending. After the federal registration issues, you may use the (R) symbol.
How do I avoid missing maintenance deadlines?
Calendar Section 8 (years 5–6) and Section 9 (years 9–10) deadlines and set multiple reminders well in advance.
Final Word
A trademark’s strength starts with accuracy. Clear ownership, precise descriptions, correct symbols, and vigilant maintenance keep your mark strong and enforceable.
Nathan Moore is a trademark attorney located in Nashville. Moore Law PC helps individuals and businesses successfully apply for and register trademarks nationwide.
