Trademarking your company name is almost always a good business decision. Over time and as they become more famous, trademarks are valuable business assets in and of themselves and have been proven to drive sales through customer loyalty, product identification, and the ability to help launch new products creating new revenue streams. Trademarks serve an important purpose in certain forms of marketing as the “kernel” around which marketing plans can be created.

In concrete legal terms, trademarking is specifically about creating and having a trademark that can be registered with either state-level trademark offices or the US Patent and Trademark Office (“USPTO”). If you do not get your trademark registered, then you do not have the full panoply of legal protections. Your efforts to “create, drive, and energize your band” may be wasted.

Trademarking is not as easy as some would have you believe. You absolutely need experienced trademark attorneys like those at Revision Legal to help. There are many possible errors that can be easily avoided by hiring competent legal assistance. Below are the top three mistakes to avoid when trademarking your company name.

1. Trying to trademark something that is not a trademark

One of the biggest mistakes is trying to register a trademark that is not actually a trademark. Many think that a trademark is some new phrase, logo, or design. Many say: “It’s new and inventive, so it must be a trademark!”

Not so fast. Your new and inventive phrase or design might be copyrightable, but that does not make it a trademark. A trademark is something that is USED IN COMMERCE to identify the commercial source of a product or service. Your trademark — a clever phrase or logo — does NOT go on a t-shirt or a coffee mug; it goes on your product/service, on the packaging, on advertising materials, etc. And, your trademark is used continually — on every product, package, etc. — and is used consistently — without change or variation.

2. Trying to trademark in violation of the trademarking rules

The USPTO and state-level trademark registration agencies have a list of rules about what can and cannot be trademarked. As one example, your trademark cannot contain national and state flags. As another example, your trademark cannot be or contain generic words and/or common phrases or phrases. If you violate the trademarking rules, your application for registration will be denied. And, to be clear, the number of trademark applications that get rejected every year is very high.

3. Failing to do a complete and thorough trademark clearance search

One other rule that must be honored when trying to trademark a company name is that the proposed trademark must be unique and not already in use. To avoid this mistake, a complete and thorough trademark clearance search must be done. Trying to register an already-being-used trademark will lead to rejection (and might even lead to your company being sued for trademark infringement).

Not only is it forbidden to use the exact same trademark, but you cannot use a trademark that would be considered “confusingly similar.” That is, if your proposed trademark is similar to an existing trademark and if the similarity is close enough that it would cause confusion in the minds of consumers, your trademark will be rejected. For the best, most complete, and thorough trademark clearance searches, you need talented and dedicated legal services from a trademark law firm.

Contact the Trademark Attorneys at Revision Legal For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.

4. Failing to Conduct a Comprehensive Trademark Clearance Search

Even if your proposed trademark looks unique to you, it may already exist — or something confusingly similar may already exist — in the USPTO’s database. Under 15 U.S.C. § 1052(d), the USPTO will refuse to register a trademark that is “likely to cause confusion, or to cause mistake, or to deceive” with a previously registered or pending mark. The review is not limited to identical marks; confusingly similar marks in related goods and services classes are also grounds for refusal.

A proper trademark clearance search goes beyond a quick database lookup. It includes a search of the USPTO’s Trademark Electronic Search System, state trademark registries, common law uses on the internet, domain name registrations, and social media handles. Confusing similarity is evaluated using the DuPont factors from In re E.I. du Pont de Nemours & Co., 476 F.2d 1357 (C.C.P.A. 1973) — a multi-factor test that considers the similarity of the marks in appearance, sound, and commercial impression, as well as the relatedness of the goods and services. Without a professional search, you risk investing in a brand that cannot be registered and that exposes you to infringement liability.

5. Choosing a Mark That Is Too Descriptive

The strength of a trademark is directly tied to its distinctiveness. The USPTO ranks marks on a spectrum: fanciful, arbitrary, suggestive, descriptive, and generic. Fanciful marks (coined words like XEROX or KODAK) get the broadest protection. Generic terms get none. Descriptive marks — those that merely describe a feature, quality, or characteristic of the goods or services — are refused registration unless the applicant can demonstrate acquired distinctiveness (also called “secondary meaning”) under 15 U.S.C. § 1052(e) and (f).

Many businesses make the mistake of trying to trademark highly descriptive names precisely because they describe the product clearly. Those marks are either refused outright or granted only a weak registration on the Supplemental Register, which does not provide the same protections as the Principal Register. Choosing a suggestive, arbitrary, or fanciful name from the start is both strategically smarter and legally far more defensible.

6. Not Using the Trademark in Commerce Properly

A trademark registration based on actual use requires that the mark be used in commerce at the time of filing under 15 U.S.C. § 1051(a). If you file on a “use in commerce” basis but cannot demonstrate actual, bona fide use in the ordinary course of trade, the registration can be cancelled. Token use, such as placing a single sale in a database simply to establish a filing date, does not constitute bona fide use and has been consistently rejected by courts and the USPTO.

For applicants who are not yet using their mark, the “intent to use” filing under 15 U.S.C. § 1051(b) provides a legitimate pathway. However, the applicant must eventually file a Statement of Use demonstrating actual use in commerce before the registration will issue. Extensions of time to file the Statement of Use are available but limited.

The Bottom Line: Do Not Go It Alone

Every one of these mistakes is avoidable with proper legal guidance. The USPTO’s filing process can appear straightforward — and it is, procedurally — but the substantive trademark law underlying what can be registered, what will be refused, and what risks a new brand faces is complex and fact-specific. Amateur applications that do not account for clearance, distinctiveness, proper identification of goods and services, and correct use submissions are regularly refused, wasted, or later invalidated.

The trademark attorneys at Revision Legal have helped hundreds of clients successfully register and protect their trademarks. If you are considering trademarking your company name, product name, or logo, contact us at 231-714-0100 or 855-473-8474 for a consultation. We will help you do it right the first time.