Trademark Guidelines and Common Mistakes

There are many important guidelines to consider when filing for a trademark in the United States. One of the first things to accomplish is choosing a unique mark that is associated with a product. Before you file, it’s important to search for competitive filings within a similar market. If similar filings exist, the probability of approval will be significantly lower than a completely original mark. This is one of the many things that could result in a delays, rejections, or denials. Marks must be distinct and allow for the source of a good or service to be readily identified by consumers. There are four divisions of trademarks: arbitrary/fanciful, suggestive, descriptive, generic.

Fanciful marks are easily secured, naturally distinct, and are basically fake words with no real world meaning. Arbitrary marks are real words that are not associated with the product they represent. Suggestive marks allude to a product without describing it, while descriptive marks include representations that directly describe a product or service. Many people choose to file descriptive trademarks, but these are often not as strong as other marks, making it rare they can be successfully defended. Many generic marks cannot be registered or protected because they are simply common words that everyone has the right to use. There are many complexities that make the filing a trademark very difficult to achieve on your own without the help of a lawyer who specializes in this type of law.

For a full breakdown of important guidelines to follow when filing for intellectual property rights in the Unites States you should call a trademark lawyer in your area, because most of your questions can be answered in just a few minutes over the phone.