Since 2008, The Trademark Helpline has been committed to ensuring our clients get their trademark applications right the first time. Our Trademark Audit Service (formerly known as the Full IP Report) has always been the first essential step. However, the recent Supreme Court ruling in the SkyKick v. Sky case has led us to refine our strategy further to align with the latest guidance.
Historically, we advocated for broad trademark classifications, but this latest ruling highlights the importance of being specific and realistic in your trademark filings. If your business doesn’t intend to use a term or classification in the next 10 years, we recommend leaving it out of your application. This reduces the risk of a bad faith claim and helps avoid unnecessary costs and potential issues down the line.
Our Monitoring and Representation Services will notify you of any potential infringements or issues post-registration. However, if you’re perceived as “squatting” on classes or terms, your trademark could be challenged for bad faith.
Of course, every application is unique, which is why we always prefer to run through your trademark audit over video call to ensure that we fully understand your business goals and objectives when it comes to your trademark.
Your trademark application is only right if it’s right for you.
Schedule an initial chat online to discuss your trademark needs and ensure you’re on the right path.
Read our full guide on the ruling below and understand how we can help you navigate this evolving landscape to protect your brand!
The Supreme Court Ruling: A Game Changer for Overly Broad Trademark Filings
