Protecting your brand with a registered trademark is one of the most important legal steps you can take as a business owner and entrepreneur—but only if you do it right. Today I want to talk about some of the top trademark mistakes I see in my law practice.
As a trademark lawyer, I’ve seen entrepreneurs and small business owners make the same costly mistakes over and over again. Sometimes they come to me too late—after they’ve wasted money on cheap trademark “services”, received a USPTO initial refusal, or been forced to rebrand entirely after receiving a cease and desist letter.
That's why I created this video that breaks down the top 10 Trademark Mistakes I see from clients and prospective clients all the time. Below is a deeper dive into each one so you can avoid these pitfalls.
Don't have time to watch the whole thing? Here is a preview of all the mistakes I go over in this video:
1. Thinking Trademarks Are Only for Big Companies
Many entrepreneurs assume trademarks are just for Fortune 500 companies. But if you’re building a brand, selling a product, or offering a service under a name you care about, you need to make sure it is properly protected. Trademarks not only help prevent others from copying you — they also build long-term brand value. Waiting until you're “big enough” could mean someone else registers your name first.
2. Hiring a Trademark Filing Service Instead of a Trademark Law Firm
There are many low-cost trademark filing services online. Just google “trademark filing service” and you will find all sorts of companies offering to file your trademark for you for a super discounted price. But you know what they say, you get what you pay for. When you hire a filing service as opposed to a law firm, you are not receiving any legal advice or guidance. Unlike a trademark lawyer, these companies are prohibited from giving out legal advice. Even worse, some are outright scams.
Just this week, one of my clients came to me after using one of these services to file a trademark several years ago. The USPTO had not taken any action on their file because the alleged “attorney” that filed the application wasn't actually a lawyer and as such, the application was flagged as fraudulent. Not surprisingly, this “service” wasn't returning their calls.
A trademark lawyer can help you avoid common filing mistakes, strategize properly, and deal with problems and issues that may come up after filing your trademark application.
3. Trying to File Multiple Trademarks on One Application
Your logo, your brand name, your slogan—each of these is a separate “trademark” under US trademark law. Accordingly, the USPTO requires a separate application (and filing fees) for each. Trying to cram them into one filing to save money is unfortunately not possible. A trademark lawyer can help you to prioritize your intellectual property and decide which element of your brand you want to protect first so that you can save money in the long run.
4. Choosing a Weak Trademark Name
Not all names are created equal. Generic names such as “Best Yoga Mats” or “Delicious Granola” are legally impossible to register, (and easy for competitors to copy). The strongest trademarks are suggestive, fanciful or arbitrary words (think Google, Uber, Kodak, Apple). A weak name might be easy to come up with, but hard to defend and even harder to register as a protected trademark.
5. Not Conducting a Proper Search Before Filing
Just because your desired name isn’t registered as a trademark doesn’t mean it’s safe. There may be similar-sounding marks or businesses in your industry that could cause a conflict. A proper clearance search uncovers these risks before you file—and before you waste hundreds in non-refundable fees.
6. Filing in the Wrong Classes
Trademarks are registered in specific “classes” based on what goods or services you offer for sale. If you file in the wrong class or use an incomplete description, your trademark may not protect what you actually sell. Worse, your application could receive a refusal that will need to be addressed. Understanding the USPTO trademark class system is critical for getting the protection you need.
7. Thinking a Domain Name or LLC Means You Own the Trademark
Just because you bought the dot com or registered a business with your state as an LLC doesn’t mean you have trademark rights to those names. I’ve seen entrepreneurs get cease-and-desist letters after they launched a site or formed an LLC—because someone else already owned the trademark. Federal trademark rights are based on use in commerce and registration with the USPTO, not just state filings or URLs.
8. Waiting Too Long to File
Trademark rights generally go to the first party to use a mark in commerce—but filing early gives you stronger, nationwide protection. If someone else files a name that is identical or likely to be confused with your name for the same or similar products or services first, you might be forced to rebrand—even if you were actually using the name first. Waiting can also create problems if you want to license, franchise or sell your business down the road.
9. Not Monitoring or Enforcing Your Trademark
Getting your trademark registered is just the beginning. You need to keep an eye out for copycats and enforce your rights when someone begins using a name that is deceptively similar to yours in commerce. If you don’t monitor your trademark, it could become diluted or even legally abandoned. Monitoring services (or hiring a lawyer to help) ensure no one erodes the value of your brand.
10. Not Using (or monitoring) Your Trademark
Trademark rights come from use in commerce. If you’re not actively selling your goods or services under the name you are seeking to register, your application could be rejected—or your registration canceled. The USPTO requires proof that your mark is actually being used in commerce. Filing without using the mark is possible to reserve your name for a limited time, but never using the trademark in commerce will jeopardize your rights.
Final Thoughts: Don't Let These Common Trademark Mistakes Derail Your Brand
Each of these mistakes is preventable—but only if you know what to look for. That’s why I created this video and why I help entrepreneurs like you navigate the trademark process the right way.
🎯 Watch the full breakdown here:
👉 Top 10 Trademark MISTAKES (YouTube)
Need Help With Your Trademark?
Whether you’re ready to file or just exploring your options, I can help you avoid these common pitfalls.
📞 Book a Trademark Strategy Call
Legal Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For advice specific to your business, consult a licensed attorney.
