Common trademark mistakes to steer clear from

| Apr 16, 2015 | Trademark Law

California residents and others elsewhere may put a trademark on certain things. If a company creates a new logo or uses a color combination that sets it apart from other companies, it can claim exclusive commercial use of that creation. However, many trademark mistakes could lead to legal disputes in the future.

The first mistake to avoid is not making it clear who owns the trademark. It may be possible for an attorney to claim ownership of it or a corporation to claim that it owns the mark. Therefore, an individual needs to claim exclusive rights to the trademark formally if he or she wants to be paid for it in the future. When trademarking words or phrases, they cannot be generic or vulgar. If they are, it may be possible to receive an office action, which indicates a problem with the trademark.

There are 34 classes of goods that are eligible for trademark protection, but a single trademark may not apply to all classes of goods. Therefore, it is worthwhile to clarify exactly what is being protected and the extent to which certain intellectual property can be protected. Finally, the holder of a trademark needs to protect its rights if they are infringed upon. Otherwise, the power of that protection may be eroded over time.

Anyone who wishes to file for trademark protections may wish to talk to an intellectual property lawyer. An attorney may be able to review applications and other relevant documents regarding the protection of intellectual property. If there are issues with obtaining such protection or a trademark is infringed upon after it has been approved, legal counsel may be able to assist in ensuring that the issue is resolved.

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