Are you an Austin startup or a growing Austin company interested in building a brand? Here are five Trademark Pitfalls that you will want to avoid:
- Avoid intentional infringement of someone else’s trademark rights because you did not perform a proper trademark search. For more details on searches see [link to tab on website on services page]
- Avoid filing a trademark application that is bound to be refused by the USPTO – two often costly refusals from the USPTO are a) a likelihood of confusion refusal and b) a descriptiveness refusal
- Avoid descriptive brand names for your trademark – a trademark should be distinctive. Distinctiveness means your trademark is unique and not likely to be confused with other brands or trademarks and not generic or descriptive of the product or service you are branding. A descriptive trademark is weak and difficult to enforce.
- Avoid improper use of your trademark. May startups develop an excellent brand but then use the brand improperly which not only weakens the brand but could create issues in enforcing against third party infringement. See the blog post dated [ ] for a more detailed discussion of proper trademark use [ add link ].
- Avoid refusals that arise during the registration process because the application was not properly filed. Some of these refusals include: improper drawing file of a logo mark, improper specimen of use, and poorly worded identification of goods and services. These are simply a few examples.