#trademarktips

Choosing a brand name is exciting—but it can also be risky. Every month, thousands of founders launch their brands on Instagram, websites, and marketplaces, only to face trademark objections, oppositions, or legal notices later. The result? Costly rebranding and marketing losses.

Here’s how to get it right in 2026:

1️⃣ Avoid the Biggest Mistakes

Many founders pick names based on trends, creativity, or domain availability—but ignore legal safety. A name that’s catchy isn’t always trademarkable.

2️⃣ Know Which Names Can’t Be Registered

The Trademarks Act forbids certain types of names, like:

Generic or descriptive words

Names identical/similar to existing brands

Offensive or misleading names

Government/official symbols

Non-distinctive marks

3️⃣ Use the 2026 Naming Formula

Top brands like Zomato, Swiggy, Nykaa, and Amazon follow a formula:

Memorable & simple

Legally distinct

Globally scalable

Flexible for brand expansion

4️⃣ Check Availability on IP India

Before printing labels or launching campaigns, always verify if your brand name is available on IP India’s trademark database.

5️⃣ File Trademarks Smartly

Proper filing reduces objections or third-party oppositions. Work with experts to protect your brand before you invest heavily in marketing. Watch Now: https://youtu.be/WDdOFllZmVc

If your trademark is approaching renewal deadlines, working with a trademark lawyer in Berkeley CA can help you avoid costly mistakes and keep your brand fully protected. Many businesses do not realize that missing key USPTO filing windows can lead to cancellation, and rebuilding protection later can be significantly more expensive.

At Adams Law Office, we provide trusted trademark registration and renewal services in Berkeley and across the East Bay. As an experienced Berkeley trademark lawyer serving Berkeley California businesses, we ensure every filing is accurate, timely, and fully compliant with USPTO requirements.

Understanding Trademark Renewal Deadlines

Federal trademark registrations require ongoing maintenance. Protection is not automatic, and failure to meet required deadlines can result in loss of rights.

There are two major renewal stages every trademark owner must track carefully.

The 5 to 6 Year Filing Requirement

Between the fifth and sixth year after registration, trademark owners must file a Section 8 Declaration of Use. This filing confirms that the trademark is actively used in commerce and must include acceptable proof that matches the registered goods or services.

In some cases, owners may also file a Section 15 Declaration of Incontestability if eligible. While optional, this can strengthen your trademark rights.

Failing to submit the required documentation during this window can lead to cancellation.

The 10 Year Renewal Requirement

Between the ninth and tenth year after registration, owners must file a combined renewal application along with another declaration of use. This requirement continues every ten years to keep the registration active.

Missing the deadline can result in permanent cancellation once the grace period ends. At that point, reinstatement is not available, and businesses may need to start the entire registration process again.

Why Work with a Trademark Attorney in Berkeley California

Trademark maintenance involves more than simply filing a form. Evidence must meet USPTO standards, goods and services must align precisely with actual use, and deadlines must be carefully tracked.

As a Berkeley trademark lawyer, Adams Law Office helps clients:

Monitor 5 to 6 year and 10 year renewal deadlines

Prepare and file USPTO maintenance documents

Resolve trademark issues or office actions

Develop long term trademark protection strategies

Support businesses across Berkeley, Oakland, and the Bay Area

Whether you need a trademark renewal lawyer in Berkeley, assistance with a new application, or guidance from a Bay Area trademark attorney, professional oversight reduces risk and protects your investment.

Protect Your Brand Before Deadlines Pass

Trademark renewal deadlines are strict, and missing them can permanently impact your business. If your trademark is approaching a renewal window or you are unsure about compliance, do not wait.

Many businesses lose valuable trademark rights simply because they miss critical renewal deadlines. Understanding what happens at the 5 to 6 year mark and the 10 year renewal is essential for maintaining long term protection. Working with an affordable trademark attorney can help ensure your registration remains active and enforceable.

At Adams Law Office, we help businesses stay compliant with USPTO requirements and avoid costly filing mistakes.

What Happens Between Years 5 and 6

Between the fifth and sixth year after registration, trademark owners must file a Section 8 Declaration of Use. This filing confirms that the trademark is actively used in commerce and must include proper evidence that matches the registration exactly.

Owners may also choose to file a Section 15 Declaration of Incontestability if eligibility requirements are met. While optional, this filing can strengthen your trademark by limiting certain legal challenges.

Failing to file the required Section 8 declaration can lead to cancellation of your registration. An affordable trademark attorney can help review your evidence and ensure it meets USPTO standards before submission.

What Happens at the 10 Year Renewal

Between the ninth and tenth year after registration, trademark renewal is mandatory. Owners must file a combined renewal application along with another declaration of use. This process repeats every ten years to keep the registration active.

Missing the deadline can result in permanent cancellation. Once the grace period ends, registrations cannot be reinstated. Businesses may be forced to refile from scratch, with no guarantee of approval.

Risks of Missing Trademark Renewal Deadlines

Missing trademark renewal deadlines can have serious consequences:

• Permanent loss of trademark protection • Loss of enforcement rights against infringers • Increased risk of competitors using similar marks • Expensive refiling with uncertainty and potential refusal

As Sharon Adams explains, you must prove real commercial use, and reminders from the United States Patent and Trademark Office are only a courtesy, not a guarantee.

Why Professional Guidance Matters

Tracking deadlines, preparing proper evidence, and filing correctly require attention to detail. Errors in documentation or proof of use can trigger refusals, audits, or cancellation.

An affordable trademark attorney can help you monitor deadlines, review specimens, and submit accurate filings that protect your long term rights.

Protect Your Trademark Before It Is Too Late

A strong trademark is not just a name or logo. It is a legally distinctive mark that provides powerful and lasting protection for your brand. As a trusted trademark law firm, Adams Law Office helps businesses create and protect strong trademarks that stand the test of time.

Choosing the right trademark from the beginning can determine how easily you secure registration and how effectively you enforce your rights in the future.

Distinctiveness Is the Foundation of Strength

The more unique your trademark, the stronger the legal protection. Distinctive marks are easier to register and defend against competitors. Generic or highly descriptive names, on the other hand, are difficult or sometimes impossible to protect.

A trademark law firm like Adams Law Office evaluates your proposed mark to determine whether it meets USPTO standards and offers meaningful protection.

Avoid Descriptive or Generic Terms

A common mistake businesses make is selecting a name that directly describes their goods or services. While descriptive names may seem helpful for marketing, they are often weak legally and may face refusal from the USPTO.

Strong trademarks are imaginative, suggestive, or unique. They require some creativity and do not simply explain what the business does. Sharon Adams works closely with clients to assess risk and guide them toward more protectable options.

Arbitrary and Fanciful Marks Offer the Strongest Protection

The strongest trademarks are arbitrary or fanciful. Arbitrary marks use common words in an unrelated way, while fanciful marks are completely invented terms. These types of marks typically receive the broadest scope of protection because they are inherently distinctive.

As an experienced trademark law firm, Adams Law Office helps businesses understand the spectrum of distinctiveness and select marks that provide long term enforceability.

Building a Trademark That Lasts

A strong trademark reduces the risk of refusal, opposition, or future disputes. It increases brand value, strengthens market recognition, and creates an asset that grows with your business.

USPTO trademark renewal audits are becoming more common, and many business owners only learn about them after receiving an official notice. Adams Law Office helps trademark owners understand how these audits work and how to respond properly. Working with an experienced trademark filing attorney can help you avoid costly deletions, penalties, and risks to your trademark protection.

Trademark renewal audits are not designed to punish business owners. Instead, the USPTO conducts audits to ensure that registered trademarks are actively used in commerce for all listed goods and services. If your registration includes multiple products or services, you may be asked to prove use for specific audited items.

What Is a Trademark Renewal Audit

A trademark renewal audit occurs after you file required maintenance documents, such as a Section 8 or Section 71 declaration. The USPTO randomly selects certain registrations or flags them based on risk factors. You will then receive a notice requesting proof of use for particular goods or services listed in your registration.

The purpose is accuracy. The USPTO wants the trademark register to reflect marks that are genuinely in use in the marketplace.

Why Do Audits Happen

Some audits are random. Others are triggered by specific filing patterns. Common risk factors include registrations covering a large number of goods or services, foreign-domiciled applicants, or inconsistencies in earlier submissions.

Even if you believe everything is in order, you can still be selected. That is why proactive recordkeeping and guidance from a trademark filing attorney are so important.

Evidence Is Critical

When responding to an audit, you must submit clear proof of real commercial use for each audited item. Acceptable evidence often includes product packaging, labels, point-of-sale displays, or screenshots showing the mark directly associated with goods or services available for purchase.

If you cannot provide valid evidence, the USPTO will require deletion of those goods or services. In some cases, additional government fees may apply. Deleting items can also narrow the scope of your trademark protection.

Common Audit Mistakes

Many trademark owners unintentionally make errors during audit responses. Frequent mistakes include submitting promotional materials instead of sales-related evidence, providing outdated website screenshots, or assuming that partial use is sufficient.

As U.S. Trademark Attorney Sharon Adams explains, if you cannot prove use for every audited item, the USPTO will require changes, and those changes can increase costs.

How Adams Law Office Helps

Adams Law Office guides trademark owners through every stage of the audit process. We review your registration, evaluate your evidence before submission, and help ensure compliance with USPTO standards. With support from a knowledgeable trademark filing attorney, you can reduce risks and protect the long-term value of your registration.

Protect Your Trademark Before It Is Too Late

The Lanham Act is the foundation of trademark law in the United States. For business owners and entrepreneurs, understanding this law is essential to protecting brand names, logos, and slogans. Adams Law Office helps businesses navigate the Lanham Act so their trademarks are not only registered but also legally enforceable and valuable.

At its core, the Lanham Act governs how trademarks are registered, protected, and enforced. It exists to prevent consumer confusion and to ensure businesses can protect the identity they build in the marketplace.

What the Lanham Act Does

The Lanham Act provides a federal system for trademark protection. It allows businesses to register trademarks with the USPTO and take legal action against infringement, unfair competition, and misleading advertising. It also protects the public by making sure customers can clearly identify the source of goods and services.

This law applies to both registered and certain unregistered trademarks used in commerce.

Why the Lanham Act Is Important for Businesses

For entrepreneurs, the Lanham Act plays a key role in brand strategy. It helps prevent competitors from using confusingly similar names and provides legal remedies if infringement occurs. Understanding this law early helps businesses avoid filing weak trademarks or investing in branding that cannot be protected.

A basic understanding of the Lanham Act can save time, money, and future legal disputes.

Common Reasons Trademarks Are Refused

The Lanham Act outlines reasons why the USPTO may refuse a trademark application. These include likelihood of confusion with an existing mark, descriptive wording that lacks distinctiveness, misleading or deceptive terms, and use of a person’s name without consent.

Knowing these risks helps businesses choose stronger trademarks with a better chance of approval.

Trademark Infringement and Enforcement

If a trademark is infringed, the Lanham Act allows owners to seek injunctions to stop unauthorized use and recover damages in certain cases. This legal protection helps preserve the value and reputation of a brand.

Even unregistered trademarks may receive protection under the Lanham Act if they are used in commerce.

Protecting Famous Trademarks From Dilution

The Lanham Act also protects well-known trademarks from dilution. This includes situations where a famous brand’s distinctiveness is weakened or its reputation harmed, even if there is no direct competition.

Businesses with growing brand recognition should monitor the market to prevent this type of harm.

Practical Steps for Trademark Owners

Choosing a strong trademark, registering it properly, monitoring the marketplace, enforcing rights when needed, and maintaining registrations are all essential steps under the Lanham Act. Adams Law Office helps business owners handle each of these steps with clarity and confidence.

Final Thoughts

A trademark is more than just a logo or a business name. It is the identity of your brand and the way customers recognize and trust your business. Adams Law Office helps business owners understand why trademark protection is essential and how it supports long-term success. Without proper trademark protection, your brand may be vulnerable to misuse or imitation.

A trademark legally protects the name, slogan, logo, or symbol associated with your products or services. It gives you exclusive rights and helps prevent others from using confusingly similar branding that could mislead customers.

How Trademarks Protect Your Business

Trademark protection helps stop competitors from using your brand name or similar names that could cause confusion in the marketplace. This protection strengthens your position and allows you to enforce your rights when necessary.

Registered trademarks also build trust and credibility. Customers often feel more confident doing business with brands that appear established and legally protected.

Protecting Your Online Presence

Trademarks play a major role in protecting your digital assets. From domain names to social media handles, a registered trademark can help you maintain control over your brand online. Adams Law Office supports businesses in protecting their online identity and reducing the risk of brand misuse across digital platforms.

Trademarks as Long-Term Business Assets

A trademark is a valuable asset that grows with your business. As your brand gains recognition, your trademark increases in value and can be licensed or transferred. Strong trademark protection adds measurable value to your business and supports future expansion.

Support from Adams Law Office

At Adams Law Office, Sharon guides business owners through the trademark process with clarity, accuracy, and personalized support. From initial evaluation to registration and maintenance, Adams Law Office ensures your brand is protected from the start and positioned for growth.

Your trademark is more than a logo — it’s your brand’s identity! Here’s how to choose the right one:

✅ Be unique: Avoid generic or common words. ✅ Stay relevant: Reflect your brand’s values and industry. ✅ Easy to remember: Simple and catchy works best. ✅ Check availability: Ensure it’s not already registered. ✅ Think long-term: Pick something that grows with your business.