Securing a trademark helps Texas businesses protect their brand, but the process can be tricky and costly if unprepared. The trademarking process is full of potential pitfalls that can cost companies valuable time and resources if they’re not careful. Knowing the potential issues upfront can make it easier to avoid setbacks.
At Quadros Migl & Crosby, we understand that trademarking can feel overwhelming. Our experienced trademark lawyers have helped many Texas businesses safeguard their brands with legal support that meets their unique needs. Whether you’re starting or expanding, we can help you navigate common challenges and establish a strong trademark.
Mistake 1: Choosing a Trademark Without Adequate Research
Choosing a trademark involves more than just creativity. It also requires research to avoid conflicts with other brands. Many businesses pick a name, logo, or slogan without verifying if it’s already in use. This oversight can result in delays, added expenses, or legal issues if the application is rejected.
A trademark attorney can conduct a thorough search to spot potential conflicts, saving both time and money. They help assess whether your chosen mark might encounter obstacles during the application process. Starting with legal support can make the journey toward a unique, legally secure mark much smoother.
Mistake 2: Submitting an Inaccurate or Incomplete Application
Accuracy is paramount when filing a trademark application. Common mistakes, like providing incorrect information, can lead to rejections, longer processing times, and even the loss of your desired trademark.
Make sure your application is complete and accurate. A Texas trademark lawyer can guide you through each part of the process and confirm your application meets all legal requirements. Preparing in advance is the best way to prevent delays and smoothly move through the trademark registration process.
Mistake 3: Not Enforcing Your Trademark Right
Securing a trademark is just the beginning. To keep exclusive rights to your brand, you must monitor for infringements and enforce your trademark when required. Failing to protect your trademark can weaken your brand’s exclusivity, potentially allowing others to benefit from your brand’s reputation.
A trademark attorney can help monitor for infringements and recommend actions if someone uses your trademark without permission. Staying proactive helps protect the strength and value of your brand.
Mistake 4: Trying to Trademark a Generic or Descriptive Term
Another common mistake is attempting to trademark a term that’s too generic or descriptive. Words that directly describe a product or service, like “Texas BBQ” for a barbecue restaurant, are hard to protect. The U.S. Patent and Trademark Office (USPTO) will likely reject these terms as they aren’t distinctive.
Instead, choose a unique and creative mark that sets your brand apart. Choosing distinctive or unique words, including invented terms, often improves your chances of trademark approval.
Mistake 5: Missing Trademark Renewals
In the U.S., trademark owners must file maintenance documents regarding their business between the fifth and sixth years after registration. They must go through this same process again between the ninth and tenth years. Missing these deadlines risks cancellation, which can weaken your brand’s protection.
Stay on top of USPTO renewal deadlines, or let a trademark attorney handle the renewals. Attorneys often provide reminders for upcoming renewals, helping you keep your trademark active and protected.
Contact a Texas Trademark Lawyer for Your Business Needs
A Texas trademark lawyer can guide your business through the trademarking process, from initial searches to filing applications. They can offer you critical advice during the business formation stage to ensure you’re prepared when it comes time to submit a trademark application. They also offer ongoing support to monitor potential infringements and recommend enforcement strategies.
At Quadros Migl & Crosby, we help you protect your trademark and build a solid legal foundation for your brand. Contact us at (713) 300-9662 or complete our contact form to schedule a consultation. Get in touch with our Austin office and learn how we can assist with your trademark needs.