1. Myth: I did a quick search and no one has my name, so I’m okay.

Fact: We perform Initial Conflict Searches across federal and state databases, registries, potentially competing applications, other marks, and countless other avenues (the same one the Trademark attorneys are looking at when assessing your application) before giving you the okay.

2. Myth: I have an LLC so my name is protected.

Fact: Because anyone can register for an LLC name, you don’t own the name; you simply use it for your business. Having a business name provides supporting evidence of your right to eventually own the name, but until USPTO grants you the TM, it is up for grabs. 

3. Myth: You need to file a trademark as soon possible.

Fact: I always encourage clients to focus on initial sales, revenue, and community first. If and when you know you love your business name and you have the funds to properly apply for a trademark with a qualified attorney, that’s when you make moves to protect your brand. 

4. Myth: I’ll just file myself and if there’s issues I’ll find an attorney to help me.

Facts: It is exponentially more expensive to defend an Office Action (the pesky letters from US Trademark Office requiring you to defend your application) than to hire an attorney on the front end who can help you strategically craft an application for the best chance of success—or to honestly tell you that the mark doesn’t stand a chance at registration. 

5. Myth: I’ll just put the TM symbol next to my tagline and it counts. 

Fact: Anyone can use the TM symbol, while only registered trademarks should use the (R) symbol. And again, if anyone can slap a symbol next to a phrase, why do you get to own it over someone else? (It also doesn't strengthen your application, because again, anyone can do it). No registration = no ownership.