Launching a business is exciting, but many small business owners make costly trademark mistakes that can lead to expensive legal battles, rebranding or lost profits. From choosing weak trademarks to failing to enforce their rights, these common missteps can put a brand at risk. In this guide, we’ll cover the top 10 trademark mistakes small businesses make and how to avoid them so you can protect your brand from day one.
- Failing to Conduct a Proper Trademark Search. Many businesses do not check whether their name or logo is already in use, often leading to legal disputes or forced rebranding.
- Choosing a Generic or Descriptive Name. Words that are too generic (e.g., “Best Coffee”) or merely descriptive (e.g., “Creamy Ice Cream”) are difficult to protect because they are not distinguishable.
- Assuming Domain or Social Media Handles Equals Trademark Rights. Securing a domain name or social media handle for your business does not mean you legally own the trademark. Perform an extensive search prior to securing your domain name for your business’ website and social media accounts.
- Not Registering at the Federal Level. Some businesses only register their name with the state but fail to get federal protection through the United States Patent and Trademark Office (USPTO), leaving them vulnerable.
- Delaying Registration. Waiting too long to file a trademark application can result in other businesses securing the rights first.
- Improper Classification of Goods/Services. Choosing the wrong class or not covering all relevant categories can weaken protection for your business.
- Filing without Professional Help. DIY applications often contain errors that can lead to rejections, delays or weak protection. Hire an experienced attorney to assist you with trademarking your business.
- Overlooking International Protection. If a business plans to expand internationally, they should consider trademark protection in key markets early.
- Failing to Monitor and Enforce. A registered trademark must be actively protected against infringement; otherwise it can be weakened or lost.
- Not Renewing the Trademark. Trademarks require periodic renewal so failure to do so can result in cancellation.
Avoiding these common trademark mistakes can save your business significant time, money and legal headaches. By conducting thorough searches, registering your trademark properly, and enforcing your rights, you will build a strong foundation for long-term brand protection. If you need hel[p securing or defending your trademark, attorney Allison Shute is here to guide you. Contact the Law Firm of Allison Shute today to protect your business and its future.
