December 21, 2017,

Why Most Trademark Applications Fail

Avoid the Number One Reason Trademark Applications Fail

The number one reason most trademark applications are refused registration is on the basis of likelihood of confusion with an existing trademark or a trademark on a pending application. If you file an application for a trademark that is confusingly similar or identical to an existing or pending trademark, your application will be denied and your application fee will not be refunded. Conducting a Boolean search of the U.S. Patent and Trademark Office (USPTO) database for similar or identical marks before you file, can stop you from wasting time and money filing an application that has no chance of success. If you don’t conduct a Boolean search of the USPTO database, you will not find all the trademarks that might conflict with the trademark you want to register. Most trademark filing services will not conduct a search of the USPTO’s database before they file your application.

How Johnson Moss LLC Can Help You

An experienced trademark attorney will usually conduct a proper search of the USPTO’s database before filing your application and let you know if there is an existing trademark or pending trademark application that is identical or confusingly similar to the trademark you want to register. In addition, a trademark attorney can conduct additional searches of state trademark databases, internet domain names and Dun & Bradstreet business names to make sure that there are no unregistered trademarks that might impact the success of your trademark application. Even if a search of the USPTO database reveals a trademark that may be identical or confusingly similar to the one you want to register, an attorney experienced in trademark law will be able to tell you whether or not those trademarks will affect the success of your application. For example, Delta faucets and Delta Airlines are both registered trademarks despite the fact that the marks are identical. A trademark attorney can also advise you if there is a way to change or modify your trademark to avoid confusion with an existing or pending trademark. At Johnson Moss LLC, we can help you have a successful trademark application.