What are the rules for avoiding pitfalls in selecting trademarks?

What kinds of marks should you avoid when choosing your trademark?

Trademarks that cannot be registered include the following:

  • Clearly descriptive marks.
  • Words that are the name of the goods or services in other languages.
  • Trademarks based on a place of origin.
  • Names and surnames.
  • Deceptively misdescriptive trademarks.

What are the rules for trademarks?

Simple Trademark Rules and Considerations

  • Avoid Commonly Used or Descriptive Terms. …
  • Avoid Signs of Trademark Conflicts. …
  • You Can File a Trademark Application Before You Use Your Mark in Commerce. …
  • Trademark Applications are Not as Simple as They Look. …
  • Trademarks Should Be Used as Adjectives and Not Nouns or Verbs.

How long before a trademark is approved?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

What are three of the pitfalls individuals should avoid when seeking a trademark?

When you get ready to get your trademark, make sure you look out for these toxic trademark pitfalls:

  • Avoid generic words. …
  • Don’t ignore trademark ownership. …
  • Don’t overlook office actions. …
  • Watch your language. …
  • Be thorough. …
  • Don’t overestimate your trademark. …
  • Always protect your trademark.
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The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. … But as mentioned, there is no legal protection when using TM. If you use a mark that infringes on someone else’s trademark, you still put yourself at risk for legal trouble.

What qualifies as trademark infringement?

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

Who does a trademark protect?

A trademark or service mark promotes and protects your brand name, while a registered and protected domain name provides you protection against any unauthorized use of your domain name by any person or entity.

What happens if you don’t enforce your trademark?

If you don’t enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There’s also a concept in trademark law called abandonment. Generally, if you don’t use your mark for three years or more, it’s considered abandoned.

What happens if you don’t defend your trademark?

Failure to take necessary steps to prevent infringement of that mark by others could result in your losing your exclusive right to use of the mark – the essence of its value. You can lose your exclusive proprietary interest in a mark if it is not properly defended.

When can you sue for trademark infringement?

To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are “senior” to the defendant’s), and that the defendant’s mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or …

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How often do Trademarks get rejected?

Absolutely. According to the USPTO, approximately 18% of applications failed during first action in 2016. When you think about it, that number is quite shocking. It means nearly 1-in-5 trademark applications were refused.

Which types of trademarks Cannot be used?

Trademarks which contain or comprise matter likely to hurt the religious susceptibilities of any class or sections of citizens of India. Trademarks which contain or comprise scandalous or obscene matter. If the usage of the trademark is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.

Do trademark applications get rejected?

Why do trademark applications get rejected? Most trademark applications are not approved on their first go-around according to USPTO trademark statistics. Only 34.4% of TEAS Plus applications and 16.3% of TEAS RF applications receive a “first action approval” (as of the date of this post).