Developing a memorable brand that can also be protected legally can be a difficult process. Not only does it involve selecting a name that is unique in your industry or among your class of goods or services, but there are additional steps one must take to legally protect and safeguard the brand over time.
While the process can be challenging, the tips below are designed to help you streamline your efforts:
- Make sure that your name is not too similar to any other registered trademarks. You can do a trademark search on the United States Patent and Trademark website to see if your name is already in use (or if someone has registered one that’s similar). You should also search any industry-specific databases for potential concerns in common law.
- Choose a Trademark That You Can Enforce. Not all words and names are afforded the same amount of protection under trademark law. Even if you obtain a trademark registration your right might be limited if your trademark is weak. This is one area where most businesses and brands can benefit from working with a trademark attorney. Your attorney will help you evaluate the strength of your desired trademark so that you can change or improve upon it before spending time and money on the brand and going through the formal registration process.
- Enforce Your Rights. Once you register your desired mark, it’s equally critical to police your mark. This means monitoring use of your mark by third-party companies and enforcing your rights when necessary. If you fail to take these steps, you may overlook someone infringing on your brand, or you may even lose your rights over time.
The importance of trademark registration cannot be overstated. Putting in the time and effort now will pay off down the road. Trademarks are important assets that must be nurtured and guarded if your company is to thrive for a long period of time, and failure to acquire and enforce unique trademarks rights will severely reduce (if not totally destroy) the value of your company’s brandibrandingng.
If you have questions or you need assistance evaluating the strength and protectability of a trademark you wish to register, simply contact us at (888) 666-0062 to schedule a consultation or schedule here.
DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.