The Four Items Most People Get Wrong in a Trademark Application

Many business owners believe they can save money by doing a Federal trademark application. But what they do not know are the pitfalls in filing the application themselves.

1. Incorrect Trademark. Yes, this might seem very basic – but many times, business owners register what they think their mark is instead of registering the mark that the business is using.

2. Incorrect Owner. People and corporations are different legal entities. Very often, a small business owner puts himself or herself as the owner of the trademark when it is the corporation who owns and uses the trademark.

3. Incorrect Date of First Use. What is the date of first use? It is the date that the trademark was used on any material related to the goods or services your company sells.

4. Incorrect Description of the Goods and Services. As a part of filing for a Federal trademark, the application must list the goods and services that a mark represents. This list must be complete. If the mark is not used in conjunction with any of the goods or services listed, then the registration is open to attack.

If any of these items in a trademark application is incorrect, then the trademark application or registration is subject to cancellation.

Fraud Upon the United States Patent and Trademark Office can be triggered by even an innocent mistake. If a trademark application is fraudulent, the trademark application or registration can be cancelled.

See an attorney to discuss all aspects of a trademark application – from what the mark really is, to who the owner is, to the first date of use, to the goods and services it represents.

Anthony M. Verna III, Esq.

Law Offices of Anthony Verna

law@nyctrademarks.com

(917)348-0108

Would you like to see this as a PDF to save and print? http://nyctrademarks.com/temp/wrong.pdf

Happy New Year

Happy New Year, everyone.

I wish everyone a healthy and prosperous 2010.

This year marks new milestones for me, too. I have left Weiss Imbesi PLLC. Of course, I want to thank them for the time that I spent with them. It was fruitful.

Right now, I am forming a partnership with a wonderful attorney - but since there is nothing official, I am working as a solo attorney. I am still handling my clients' matters - and they have seen that there has been no stoppage of work.

Do you have a trademark or copyright issue? Does your company have a social media policy? Does your company have a blog? Talk to me about how to do it all - correctly.

Did you receive a copy of my Intellectual Property Self Survey? It has a $600 value - and I am still giving it to my readers at no charge.

You can still find me at http://nyctrademarks.com and http://nyccopyrights.com - that does not change.

I am still on Facebook at http://facebook.com/anthonyvernalaw - that will not change.

I am still on Twitter at http://twitter.com/avernalaw - that will not change.

Happy New Year!