11 Common Trademark Application Mistakes in the U.S.

Introduction

A trademark helps distinguish your brand from competitors, but without proper registration, it remains vulnerable to misuse and infringement. If a trademark is not officially registered with the government, others may exploit your brand’s reputation for their own advantage. In the United States, business owners must register their trademarks with the U.S. Patent and Trademark Office (USPTO) to secure legal protection.

Many applicants make avoidable errors during the trademark registration process, such as incorrectly identifying goods or services or selecting marks that are descriptive or generic. This article outlines 11 common mistakes that can occur when applying for a trademark in the U.S. Choose Auriga Accounting pvt. ltd. for expert guidance and an error-free U.S. trademark registration process.

Common Mistakes to Avoid in U.S. Trademark Registration

Below are 11 common mistakes applicants often make when applying for a trademark in the United States.

1. Identifying the Wrong Trademark Owner

Correctly identifying the trademark owner is essential. The application must list the legal owner’s full name and entity type, such as an individual, sole proprietor, corporation, partnership, or LLC. While someone else may prepare the application, ownership must be accurate from the beginning.

For example, if two partners jointly own a bakery and apply for a trademark under only one partner’s name, the application will likely be rejected. Ownership errors cannot be corrected later by simply adding another owner—this mistake usually requires filing a new application.

2. Identifying Incorrect Goods or Services

Applicants must clearly specify the goods or services the trademark is used for or intended to be used with. The focus should be on what you sell, not how the trademark is used.

Once filed, you cannot expand the scope of goods or services. While narrowing is allowed (e.g., from “clothing” to “t-shirts”), adding new categories later is not permitted.

3. Failing to Conduct a Trademark Search

Many applications are rejected because the proposed mark is confusingly similar to an existing trademark. Similarity can be based on appearance, sound, meaning, or related goods and services—even if the marks are not identical.

Conducting a comprehensive search using the USPTO trademark database is essential to identify potential conflicts and avoid rejection.

4. Choosing a Generic Trademark

Generic terms that directly name the product or service cannot be trademarked. Examples include “Bakery” for a bakery, “Coffee Shop” for a café, or “Legal Services” for a law firm. These terms are commonly used and cannot distinguish one business from another.

5. Selecting a Commonly Used Phrase

Common phrases or expressions used in everyday language generally do not qualify for trademark protection. For instance, attempting to trademark “Get Well Soon” for greeting cards would likely fail because it conveys a general sentiment rather than identifying a specific brand.

6. Choosing a Descriptive Trademark

Marks that merely describe a product’s qualities or characteristics—such as “Hot” for coffee or “Cold” for ice cream—are typically refused by the USPTO. These marks lack inherent distinctiveness and usually cannot be registered on the Principal Register without proof of acquired distinctiveness. While they may qualify for the Supplemental Register, the protection offered is limited.

7. Selecting the Wrong Trademark Class

The USPTO recognises 45 trademark classes covering different goods and services. Selecting the wrong class limits your legal protection. While it is wise to plan for future expansion, only relevant and justifiable classes should be included to avoid unnecessary costs and rejection.

8. Using a Person’s Name Without Consent

If a trademark includes the name, image, signature, or likeness of a living person, written consent is required. Without it, the application may be denied. This applies even to founders, employees, or celebrities whose identity is recognisable.

9. Using a Surname Alone

Surnames are difficult to trademark because they lack distinctiveness. Many people may share the same last name, making it unsuitable as a brand identifier. However, a surname may be registered if it acquires secondary meaning, where consumers associate the name with a specific source, such as “Ford” in the automobile industry.

10. Submitting the Wrong Specimen

A trademark specimen must show actual use of the mark in commerce. Submitting mocked-up images, digitally altered specimens, or examples that do not demonstrate trademark use can lead to rejection. Specimens must clearly show the mark functioning as a brand identifier—not merely as the title of a single work.

11. Relying Solely on the TM Symbol

Using the ™ symbol provides only limited common law rights and offers protection within a narrow geographic area. Enforcing such rights can be challenging. For stronger, nationwide protection, registering the trademark with the USPTO is essential. Once registered, the ® symbol may be used to indicate federal trademark protection.

About the Author

Dakesh

Dakesh simplifies complex legal regulations into practical, actionable guidance, helping entrepreneurs remain compliant while confidently building sustainable, scalable businesses.

February 1, 2026