Click me
Transcribed

Don't Let Someone Steal Your Brand

DON'T LET Someone Steal YOUR BRAND QUICK TIPS FOR OBTAINING A ARE YOU PROTECTING YOUR BRAND WITH A FEDERAL TRADEMARK REGISTRATION? If not you should really think twice! Obtaining a federal trademark registration on your business or brand name is serious business. Many people try to register their trademark alone and often fail. Below is a guide to successfully navigating the process with the United States Patent and Trademark Office. WHY TRADEMARK REGISTRATION IS FUNDAMENTAL TO BUILDING YOUR BRAND ENSURING YOUR TRADEMARK IS AVAILABLE Before you invest in building a brand with a certain trademark, you should ensure the selected trade- mark does not violate the rights of others. Run a trademark search to avoid: SEARCH Being sued for trademark infringement Being forced to change your trademark after the business is established. CREATE LEGAL OWNERSHIP RIGHTS. Obtaining a federal trademark registration gives you the presumption of national ownership. It keeps others from using a same or similar trademark to yours, which could steal customers away. EXAMPLE: Jeremy Lin filed for the "Linsanity"trademark. Many others filed for it at the same time. Linsanity became the signature term to describe Lin's phe- nomenal rise within the NBA. OBTAINING INTANGIBLE PROPERTY RIGHTS. A trademark is a form of intangible property. It's useful if you want to: Attract investors Ever sell your business (You will be asked if you own your trademark.) A trademark can be bought, sold, or licensed, just like any other form of property. It can also increase in value over time as your brand recognition grows. EASIER ENFORCEMENT OF TRADEMARK RIGHTS. Litigation is very expensive. Owning the federal trademark can allow for less expensive forms of enforcement. For example, almost every major internet company has a trademark policy. If you own the trademark, simply writing a letter is many times enough to have the i nfringing content removed BUT ONLY IF YOU HAVE A FEDERAL REGISTRATION. Google will block ads in its system that infringe on a registered trademark. Google Apple will deny an App with a similar name from appearing in the App Store. THE FEDERAL TRADEMARK REGISRATION PROCESS 1 SELECT YOUR TRADEMARK 2 HIRE A TRADEMARK ATTORNEY Registering a trademark is a legal process with many potential trap doors. Therefore, it is advised to hire a trademark attorney to guide you through the trademark search and application process. This will cost you money initially, but will be well worth it, saving you time and money in the long run. Attorneys are available that charge a competitive flat fee. 3 AVAILABILITY SEARCH Ensure your attorney completes a comprehensive federal, state and common law trademark search. WARNING: Do not settle for any limited or "knockout" searches. Doing a search by yourself is a recipe for disaster. It is likely you are not familiar with what could create a conflict (even if you think you do!) A trademark search must be comprehensive to rule out any potential legal conflicts. Doing an inadequate search is a major reason many trademark applications are rejected by the US government. APPLICATION Your trademark attorney will draft and file your appli- cation with the USPTO. The US Government charges a $325 filing fee per class of goods and/or services. If approved, you will receive a trademark registration certificate approximately 8 months after filing. If refused, you will receive a refusal notice generally 4 months after filing. 5 MONITOR AND PROTECT In order to keep and protect your registered trademark you must.. RENEW IT: On the 5TH anniversary of obtaining registration On the 10TH anniversary of obtaining registration And every 10 years thereafter MONITOR: The use of your trademark and take action to prevent others from using it. It is your responsibility to monitor and enforce your trademark rights. Failure to monitor can cause the complete loss of trademark rights (regardless of having federal registration). $$$ A few dollars in hiring an attorney and doing the process right will save you from expensive litigation and name changes in the future! created by Gerben Law Firm, PLLC DON'T LET Someone Steal YOUR BRAND QUICK TIPS FOR OBTAINING A ARE YOU PROTECTING YOUR BRAND WITH A FEDERAL TRADEMARK REGISTRATION? If not you should really think twice! Obtaining a federal trademark registration on your business or brand name is serious business. Many people try to register their trademark alone and often fail. Below is a guide to successfully navigating the process with the United States Patent and Trademark Office. WHY TRADEMARK REGISTRATION IS FUNDAMENTAL TO BUILDING YOUR BRAND ENSURING YOUR TRADEMARK IS AVAILABLE Before you invest in building a brand with a certain trademark, you should ensure the selected trade- mark does not violate the rights of others. Run a trademark search to avoid: SEARCH Being sued for trademark infringement Being forced to change your trademark after the business is established. CREATE LEGAL OWNERSHIP RIGHTS. Obtaining a federal trademark registration gives you the presumption of national ownership. It keeps others from using a same or similar trademark to yours, which could steal customers away. EXAMPLE: Jeremy Lin filed for the "Linsanity"trademark. Many others filed for it at the same time. Linsanity became the signature term to describe Lin's phe- nomenal rise within the NBA. OBTAINING INTANGIBLE PROPERTY RIGHTS. A trademark is a form of intangible property. It's useful if you want to: Attract investors Ever sell your business (You will be asked if you own your trademark.) A trademark can be bought, sold, or licensed, just like any other form of property. It can also increase in value over time as your brand recognition grows. EASIER ENFORCEMENT OF TRADEMARK RIGHTS. Litigation is very expensive. Owning the federal trademark can allow for less expensive forms of enforcement. For example, almost every major internet company has a trademark policy. If you own the trademark, simply writing a letter is many times enough to have the i nfringing content removed BUT ONLY IF YOU HAVE A FEDERAL REGISTRATION. Google will block ads in its system that infringe on a registered trademark. Google Apple will deny an App with a similar name from appearing in the App Store. THE FEDERAL TRADEMARK REGISRATION PROCESS 1 SELECT YOUR TRADEMARK 2 HIRE A TRADEMARK ATTORNEY Registering a trademark is a legal process with many potential trap doors. Therefore, it is advised to hire a trademark attorney to guide you through the trademark search and application process. This will cost you money initially, but will be well worth it, saving you time and money in the long run. Attorneys are available that charge a competitive flat fee. 3 AVAILABILITY SEARCH Ensure your attorney completes a comprehensive federal, state and common law trademark search. WARNING: Do not settle for any limited or "knockout" searches. Doing a search by yourself is a recipe for disaster. It is likely you are not familiar with what could create a conflict (even if you think you do!) A trademark search must be comprehensive to rule out any potential legal conflicts. Doing an inadequate search is a major reason many trademark applications are rejected by the US government. APPLICATION Your trademark attorney will draft and file your appli- cation with the USPTO. The US Government charges a $325 filing fee per class of goods and/or services. If approved, you will receive a trademark registration certificate approximately 8 months after filing. If refused, you will receive a refusal notice generally 4 months after filing. 5 MONITOR AND PROTECT In order to keep and protect your registered trademark you must.. RENEW IT: On the 5TH anniversary of obtaining registration On the 10TH anniversary of obtaining registration And every 10 years thereafter MONITOR: The use of your trademark and take action to prevent others from using it. It is your responsibility to monitor and enforce your trademark rights. Failure to monitor can cause the complete loss of trademark rights (regardless of having federal registration). $$$ A few dollars in hiring an attorney and doing the process right will save you from expensive litigation and name changes in the future! created by Gerben Law Firm, PLLC

Don't Let Someone Steal Your Brand

shared by gerbenlaw on Dec 10
377 views
2 shares
0 comments
As an entrepreneur you've probably worked hard to create a name, brand, and image for your business. But, have you taken the time and measure to ensure that your brand is your own, and that no one is ...

Category

Business
Did you work on this visual? Claim credit!

Get a Quote

Embed Code

For hosted site:

Click the code to copy

For wordpress.com:

Click the code to copy
Customize size