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Your organization worked hard to develop its brand image, so it’s natural to want to keep it safe from others trying to use it without your permission. Although setting up a trademark can protect your company’s brand image, there are still steps you need to take to avoid infringement.
Start Strong
When developing a trademark, it’s imperative to be unique. Not only do distinctive images or phrases make strong trademarks, but they are harder to challenge. It is also best to stay away from including locations in your trademark to keep your options open, especially if you decide to take your business to a national or international level.
While developing a trademark, it may be a good idea to consult a lawyer with trademark experience who can help you with the process of putting in your application with the U.S. Patent and Trademark Office. Additionally, consulting with a lawyer may be able to help you prevent trademark mistakes so your investment is protected later on.
Try to be First
Registering your trademark before others in your industry begin to use it is key to preventing infringement later on. It can also help you avoid getting into legal trouble down the road for accidentally copying another business’ trademark.
Be Realistic About Your Trademark’s Power
It is important to remember that trademarking your brand image is a good idea, this does not necessarily mean that protection will extend to every service or product your organization provides. Other intellectual property may need to be protected through patents or copyrights. A name, logo, or image may be trademarked by your business, but this cannot protect it from being used by another type of business. For example, Delta Faucets and Delta Airlines both have “Delta,” in their names, but it is legal for them to do so because they operate in different industries.
Keep on Top of Your Marketplace
It’s important to keep an eye on what’s going on in your industry so that you can catch trademark infringers early on. You can do this in the following ways:
• Take note of any new products and companies. Pay attention to the words in their marks and the images they use.
• Be wary about trademark dilution. If your copyright becomes a term that people use often, rather than a brand, you might end up losing your legal rights to it. For example, “Kleenex” used to be strictly a brand, but today people refer to it whenever they need a tissue.
• Also do regular searches to see if your trademark is being used. Even if it is not in your industry, you may still have some protection against its use by others.
Keep in mind that when it comes to staying on top of what is occurring in your marketplace, you don’t have to do it all on your own. For example, there are paid services available that can watch out for the signs of infringement and monitor trademark registries for copies.
Defend Your Rights
If you think that your trademark has been infringed on, make sure you do something about it. Keep in mind that you have several different ways to protect your trademark after this occurs, depending on what your situation is like.
Generally speaking, the first step to take is to send a cease and desist letter to the offending party. Although you can send this letter yourself, you may want to have your lawyer do it. If these actions fail and the offending party continues to use your trademark, you may have to file a lawsuit. However, it may be a good idea to start off this process by consulting with a lawyer to determine if you have a case.
Final Takeaway
Protecting your trademark is a two-part effort. Although you can legally trademark your company’s information, you still need to take certain steps on a diligent basis to keep your trademark safe and secure for as long as its intended purpose lasts.”
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.