Common mistakes businesses make with trademarks

If your business is all about its brand and reputation, trademarks can be an important way to protect the brand of your business. If you want to protect your brand here are some of the most common mistakes businesses make with their trademarks.

1) Assuming that using a mark first protects your rights to the mark.

Miller IP Law

There are some protections given by the Lanham Act to companies that use a mark first in business. However, the type of protection this provides is limited to your geographic location may not be enough to protect your brand or prevent others from using your mark. Only registered trademarks provide full protection for your brand.

2) Trying to trademark a copyright (creative work).

Miller IP Law

Only a copyright can protect creative works such as books, movies, songs, or visual art. You can't trademark a creative work.

3) Applying for a trademark instead of a patent.

Miller IP Law

The United States Patent and Trademark Office (USPTO) handles both trademarks and patents, but trademarks protect brands and patents protect inventions (e.g. devices, business methods, and industrial processes). You can't trademark an invention.

4) Attempting to trademark an idea.

Miller IP Law

You can't do much with an idea. You have to turn your idea into something. Once you have turned your idea into an invention, you may be able to patent it. If you turn the idea into a work of art, you may be able to copyright it. If you turn the idea into a brand you may be able to trademark it.

5) Confusing a trademark with a business registration.

Miller IP Law

You should register your business with your state's secretary of state. This registration protects your business name in your state only and is not a trademark you can use to protect your brand.

About the Firm...

Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest.

Top Blog Articles

1. Cheapest Way To Get A Patent

2. How Long Does It Take To Get A Trademark?

3. Why Are Patents Important?

Miller IP Law

Want to chat more about this topic, or got a burning question? Take advantage of instant chat and send us a direct message


Miller IP Law

Find Us On LinkedIn

About Our Firm…

Miller IP Law is a group of attorney's, based out of Mountain Green, Utah, who are excited to help you build your business and further innovate market places and economies. Please consider looking at our services, billed at flat rate, and be sure to grab a free strategy session to meet with us!

Start Your Journey



Get weekly stories and information about protecting intellectual property with our e-mail Newsletter today!

Need To Get In Touch With Us?➡

Schedule A Free Strategy Session Today…

Miller IP Law

Flat Fee Pricing

Straightforward for Patents and Trademarks

Miller IP Law

Patent Application

Miller IP Law

Trademark Application

Miller IP Law

Copyright Application

← Another Awesome Article Another Awesome Article →

We love to hear your Comments/Feedback | To chat with us directly grab time at

Please note, comments must be approved before they are published