Securing your brand identity through trademark registration is one of the smartest investments you can make for your business. A registered trademark protects your brand name, logo, or slogan from infringement, ensuring your customers always recognize your products and services. However, many entrepreneurs and startups run into costly delays or rejections because of mistakes in their applications. trademark
If you’re planning to file a trademark application, this guide will walk you through the process step by step and highlight the common legal mistakes to avoid so your application has the best chance of success.
1. Understand What a Trademark Protects
Before filing, it’s important to know what can and cannot be trademarked. A trademark protects unique brand identifiers such as:
Business names
Product names
Logos
Slogans or taglines
Symbols and designs
However, you cannot trademark:
Generic terms (e.g., “shoes” for footwear)
Descriptive phrases without distinctiveness
Offensive or deceptive words
Commonly used symbols
Pro Tip: Make sure your mark is distinctive, creative, and clearly identifies your brand in the marketplace.
2. Conduct a Comprehensive Trademark Search
One of the biggest mistakes applicants make is skipping a trademark search before filing. If another company already owns a similar trademark, your application will likely be denied.
You can search the USPTO’s Trademark Electronic Search System (TESS) or use private search services for a more detailed analysis. Look for:
Identical or similar names/logos
Trademarks in the same industry/class
Potential conflicts that could confuse consumers
By doing this early, you avoid wasted time, application fees, and legal disputes later.
3. Choose the Correct Trademark Class
Every trademark application requires you to specify the class of goods or services your mark applies to. The international classification system has 45 classes, ranging from clothing to technology to financial services.
Filing under the wrong class is a common error that can invalidate your protection. For example:
Clothing = Class 25
Software = Class 9
Restaurant services = Class 43
Tip: If your business covers multiple industries (e.g., apparel and accessories), you may need to file under more than one class for full protection.
4. Decide Between TEAS Plus and TEAS Standard
When filing with the USPTO, you’ll choose between two application forms:
TEAS Plus ($250 per class): Lower cost, stricter requirements, and limited options.
TEAS Standard ($350 per class): More flexibility in describing your goods/services but higher fee.
Mistakes here can delay processing. If your mark requires custom wording or broader coverage, TEAS Standard may be better. If your brand fits neatly into existing categories, TEAS Plus is more cost-effective.
5. Provide Accurate Owner Information
Trademark ownership details must be correct. Common mistakes include:
Filing under the wrong entity (e.g., personal name instead of LLC or corporation).
Failing to update ownership after business restructuring.
Using outdated addresses or contact information.
Since the owner of the trademark holds exclusive rights, filing with the wrong name can cause disputes or even cancellation of your registration later.
6. Submit a Proper Specimen
A specimen shows how your trademark is used in commerce. This could be:
Product packaging with your logo
A website showing your mark with purchase options
Marketing materials featuring your slogan
Mistakes happen when applicants submit mockups or designs that don’t show real use. The USPTO requires actual use in commerce, so ensure your specimen reflects how customers encounter your brand in the marketplace.
7. Avoid Overly Broad or Narrow Descriptions
Your application must include a description of the goods/services associated with your mark. If it’s too broad, it may be rejected for lack of specificity. If it’s too narrow, you may limit your protection unnecessarily.
For example:
Too broad: “Technology products” (may be rejected).
Too narrow: “Mobile apps for recipe sharing” (limits coverage).
Correct: “Downloadable mobile applications for food and beverage recommendations.”
Getting the wording right can make or break your application.
8. Monitor Your Application Status
After filing, many business owners make the mistake of ignoring their application. The USPTO may issue Office Actions requiring clarifications, additional documents, or corrections.
If you fail to respond on time (usually within 6 months), your application could be abandoned. Monitoring your application regularly ensures you can address issues promptly.
9. Use the ® Symbol Only After Approval
A common legal mistake is using the ® symbol before your trademark is officially registered. Doing so is considered fraudulent and may hurt your application.
While your application is pending, you may use TM (trademark) or SM (service mark).
Once approved, you can use ® to indicate federal registration.
10. Know the Renewal Requirements
Even after successful registration, your responsibility doesn’t end. Trademarks require maintenance filings to remain valid:
Between the 5th and 6th year: File Section 8 declaration of continued use.
Every 10 years: File Section 8 & 9 to renew.
Missing deadlines can result in your trademark being canceled, so mark these dates carefully.
11. Consider Professional Help
While it’s possible to file a trademark application on your own, many businesses choose to work with trademark attorneys or professional services. They help:
Conduct detailed searches.
Draft accurate descriptions.
Respond to Office Actions.
Avoid costly mistakes.
Think of it as an investment that saves you from legal disputes and wasted fees.
Conclusion
Filing a trademark application is one of the most important steps in protecting your brand identity. However, simple mistakes—from choosing the wrong class to submitting an incorrect specimen—can delay approval or even lead to rejection.
By following the steps in this guide and avoiding common pitfalls, you can file a trademark application with confidence and secure long-term protection for your business.
Whether you choose to do it yourself or seek professional support, remember that trademark registration isn’t just a legal formality—it’s a vital investment in your brand’s credibility, value, and growth.