Trademarks are the foundation of your business. They help protect your brand from being used by others and allow you to take action if someone infringes on your trademark rights. 

Trademarks can be very confusing, especially if you aren’t familiar with them or haven’t had any experience filing a trademark application before. However, you can go through this process with trademark agencies, such as Trademark Engine, that can help you with your concerns about setting your trademark.

This article covers some common mistakes businesses make regarding trademarks so that you don’t make the same mistakes.

Not Filing A Trademark Application

You don’t want to lose control of your brand. However, you must file a trademark application to use the symbol next to your brand name in marketing materials and products to protect it. Not filing a trademark application means anyone can use your brand name. In turn, you cannot enforce your rights against others using it without your permission. 

By applying, however, you have the right to sue infringers in court and have them ordered not only to stop using the infringing mark but also to pay damages for using it in the past.

Not Selecting A Strong Mark

Several factors determine whether a mark will be strong or weak. First, the mark’s strength is defined by its distinctiveness, not by its literal meaning. For example, suppose you have a product with a name like ‘sassy and yummy’ and want to use it in your company logo. It would help if you considered changing it to something else because it’s too descriptive for trademarking.

A strong trademark should neither be generic nor descriptive nor confusingly similar to another existing mark. If possible, try searching through various databases before deciding what name will best represent your company to avoid future problems.

Using A Trademark Before It’s Registered

Using a trademark before registering is another common mistake that businesses make and can have dire consequences. For example, suppose you use a trademark before you register it. In that case, you may lose the right to use that mark or infringe on someone else’s trademark rights. 

You should also know that there’s no legal protection for your business name when not used in commerce (i.e., offering goods or services). This means that anyone could potentially use your business name without consequences and even go so far as registering your business name as their own.

Ignoring The Need For International Protection

If you’re a small business using your trademark in your country, that shouldn’t be an issue. However, suppose you plan on expanding internationally someday. If that’s the case, know that even if your mark is registered in your home country and has no direct competitors in others, a business from another country can still register a similar or identical mark.

In addition, there may be certain geographic limitations on your trademark rights. However, your rights depend on where you use it and how much market share you’ve gained outside your home country. For example, some companies have gained exclusive trademark rights for their marks. They’ve used these marks extensively throughout different continents instead of just one specific country.

This can lead businesses into trouble when attempting international expansion. Businesses from other countries might argue that their trademarks are too similar, especially in geographical areas outside North America but not within it (such as Europe).

The last thing any entrepreneur wants is for someone else’s trademarked name or logo to appear next door at their establishment, but this could happen if he doesn’t take steps now toward global protection before his business takes off

Failing to Police Your Mark And Prevent Infringers

Once you’ve established a trademark, it’s essential to be vigilant in protecting it. This means monitoring the market for potential infringers and, when necessary, taking action against them.

You should also protect your intellectual property (IP) rights, not just your trademarks. Sometimes, people may imitate your brand name or logo to confuse customers into buying their products instead of yours. This is called “trademark infringement.” 

In other cases, someone might create an entirely different product but give it a similar name or design as yours. These strategies will confuse the two companies’ products and services or customers can believe they’re getting something from one company when buying from another.

Either way, you must protect yourself against this kind of IP theft. You must ensure that anyone who wants access gets permission first and that they immediately cease any unauthorized use.

Not Understanding Your Rights

You should also know your rights. Knowing what you can do and how to protect yourself from others infringing on your trademarks can help you avoid potential problems. For example, you may be able to take legal action against someone who’s infringing on your trademark or even prevent them from using a similar trademark in the future.

Knowing about trademarks can also help you ensure that no one else infringes on yours by creating confusion among consumers. For instance, suppose someone else starts selling their product under a similar name to yours. The customer might buy it thinking it’s yours, or they might not buy either product because they’re confused about which one’s better.

Not Knowing Your Rights When Someone Infringes

If you have a trademark and someone is infringing on it, there are several things you can do. You can file a lawsuit against them. You can send them a cease and desist letter telling them to stop using your mark or face legal action. 

Suppose someone has already been granted rights over a trademark similar to yours. If those rights were granted by mistake, you might want to consider filing a cancellation action against their registration. This alternative can help you not start over from scratch by filing another application for trademark protection. Furthermore, starting from scratch can take longer than just having theirs canceled outright at this point.

Conclusion

The best way to avoid these mistakes is by seeking the advice of a qualified trademark attorney. They can help you ensure that your application meets all the requirements and addresses all the potential issues so that there won’t be any surprises (or objections) when it comes time for review.