Designed to distinguish the sources of goods and services and hinder copycats’ attempts to imitate successful competitors, a solid trademark can be the difference between a failed and a long-lasting business.
In this article, you will have an overview of fundamental strategies for trademark protection.
Best Strategies for Trademark Protection – In Detail
Choosing a Proper Mark Before Registration
The strength of a trademark determines how competitive a company’s brand can be in its business sector. When people look at a product or service provider for the first time, they interact with the trademark.
As expected, a trademark has the power to influence consumers positively or negatively. While registration is fundamental for optimized protection, selecting a proper mark is the first step to guarantee a good first impression on customers and make competitors unwilling to infringe upon it.
Please note that choosing a proper trademark for a business requires a strategic approach, as certain categories of marks are stronger than others.
Proceeding with a Thorough Trademark Search
Selecting a strong trademark is not the end of the process. The next step is to complete a thorough trademark search to identify whether the selected mark is already in use by another company.
Not only a trademark search avoids disappointment with rejections on trademark applications, but it also avoids an unnecessary waste of money on product labels, merchandising, and other elements on which the mark would be displayed.
It is worth noting that many entrepreneurs and business owners prefer not to rely on a legal advisor to proceed with a trademark search. While hiring an attorney is not necessarily required by law, it is the best approach to avoid mistakes.
A simple consultation on a search engine is not sufficient to identify all the existing marks with a potential “likelihood of confusion” with the chosen trademark. Hence, working with a seasoned trademark lawyer is the only reliable way to conduct a trademark search.
Applying for Federal Registration
Trademark rights come from their use in business, which means a court can enforce an unregistered trademark in case of infringement.
However, registered trademarks enjoy a superior level of legal protection, especially if you need to sue an infringing party located in another part of the country.
There are two options for trademark registration in the United States – state registration and federal registration.
Registering a trademark at the state level is not necessarily inefficient, but the best way to shield a trademark is to register with the United States Patent and Trademark Office (USPTO).
Long-Term Trademark Protection
Once a trademark is federally registered, the owner must police it against infringement. The USPTO is only responsible for registering business marks, as US law requires the respective owners to protect them.
If you want to ensure the exclusivity of the use of a registered trademark, it is crucial to use the ® symbol as a public notice to dissuade potential infringers. Those who dare to attempt to cross the line must face a strong defense (including an infringement lawsuit, if necessary).
Waste no Time with Uncertainty – Protect Your Trademark Rights Today
Attorney Romy B. Jurado is an experienced legal advisor on trademark law with a zealot approach to protecting her clients. Find the best protective strategy for your case by calling (305) 921-0976 or emailing [email protected] for an individual consultation.
