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What are ways to avoid common pitfalls?

Why are trademark registration applications refused?  Your mark is 

  • Similar to existing marks using sound, meaning, or appearance
  • Similar in use or marketing approach
  • An unoriginal description of a service, product, or geographic location easily confused by the public with other brands
  • Deceptive, confusing, or misleading
  • A person or family surname


What are some ways to avoidable pitfalls when filing a trademark or service mark?

  • Develop a fanciful, suggestive, and strong trademark that avoids a generic
  • Avoid vulgar phrases no matter how popular they are.
  • Consider trademarking your Internet domain and your slogan or tag line.
  • Take time conduction a thorough, comprehensive trademark search that include unregistered, common law marks. Include, for example, searches for phonetically similar words, synonyms, homonyms, and foreign words with similar meanings.
  • Answer all Trademark Office Actions.

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