Common Trademark Mistakes: Don’t Let These Errors Cost You

Building a strong brand takes time, effort, and strategy. But one bad trademark decision can undo all that work. Whether you’re launching a new business in Garden City, NY, or expanding an existing brand, making the wrong trademark move can lead to legal battles, lost revenue, or even having to rebrand entirely.

The trademark attorneys at Horn Wright, LLP, we help businesses avoid costly trademark mistakes. From choosing the right name to enforcing your rights, we’ll make sure your brand stays protected. You deserve one of the best law firms in America by your side to guide you through the trademark process.

Choosing a Generic or Descriptive Mark: The Fastest Way to Get Rejected

Your brand name might sound catchy, but if it’s too generic or descriptive, you’ll struggle to get trademark protection.

The United States Patent and Trademark Office classifies trademarks based on distinctiveness:

• Generic: Not eligible for protection (e.g., “Coffee Shop” for a café)
• Descriptive: Difficult to trademark unless it gains secondary meaning (e.g., “Fresh Bread Bakery”)
• Suggestive: Stronger and more likely to be approved (e.g., “Netflix” for streaming services)
• Arbitrary: Great for trademarking, as it has no direct connection to the product (e.g., “Apple” for computers)
• Fanciful: The strongest trademarks—completely unique and made-up (e.g., “Xerox” or “Kodak”)

If you choose a generic or weak trademark, your application may be denied, or worse—your competitors might be able to use a similar name without consequences. Before settling on a brand name, make sure it’s distinctive and legally protectable. The intellectual property attorneys at Horn Wright, LLP, are ready to make sure your trademark meets these requirements. 

Failing to Conduct a Proper Trademark Search: A Costly Oversight

One of the biggest mistakes businesses make? Not checking if their brand name is already taken. Just because you don’t see another business using it doesn’t mean it’s available.

A proper trademark search should include:

• A USPTO database search to check for registered trademarks
• A state trademark search for local businesses in New York
• A Google search and domain check for unregistered but established brand names
• A social media check to see if similar names are in use

Skipping this step could mean accidentally infringing on someone else’s trademark, leading to expensive legal disputes or being forced to change your name after you’ve already built your brand. 

Letting Your Trademark Rights Lapse: Losing Protection Without Even Knowing It

Just because you successfully register a trademark doesn’t mean you’re set for life. Trademarks require maintenance, and failing to renew or properly use your mark could mean losing your legal protection.

Here’s how businesses lose their trademarks:

• Not renewing on time: You must file a renewal between the 5th and 6th year after registration and again every 10 years.
• Failing to use the trademark in commerce: If you stop using your trademark for too long, it can be considered abandoned and canceled.
• Improper use: If you allow generic use of your trademark without enforcing brand guidelines, you risk losing exclusive rights (this happened to “Escalator” and “Aspirin,” which became generic terms).

Losing a trademark means anyone can use your brand name, potentially confusing customers and damaging your reputation.

Not Enforcing Your Trademark Properly: Letting Copycats Take Advantage

Registering a trademark is only the first step—you also have to defend it. If you allow others to use your mark without taking action, you could weaken or even lose your rights.

How to enforce your trademark effectively:

• Monitor for infringement by regularly checking the USPTO database, business directories, and social media.
• Send cease-and-desist letters to businesses using your trademark without permission.
• Oppose new trademark applications that could cause confusion.
• Take legal action if necessary to stop persistent infringers.

Many business owners assume small cases of infringement aren’t a big deal, but over time, failing to enforce your rights can dilute your trademark, making it harder to defend in court. If you see anyone using a name, logo, or branding similar to yours, it’s crucial to act quickly.

Avoiding These Mistakes: Protect Your Brand the Right Way

Trademarks are one of the most valuable assets a business can have—but only if they’re handled correctly. Avoiding these common mistakes ensures your brand stays protected, enforceable, and legally secure.

At Horn Wright, LLP, our trademark lawyers help businesses navigate the complexities of trademark law. Whether you need to register a new trademark, conduct a search, enforce your rights, or renew an existing trademark, our experienced attorneys are here to help. Don’t let a simple mistake put your brand at risk—get the legal protection you need today.