So, finally, you came up with the perfect name for your company. However, this doesn’t mean that you can start using it without first filing a business trademark. Not only will this help you avoid potentially huge costs of a lawsuit, but it will also help protect your intellectual property. Your business trademark can sometimes end up being one of the most valuable parts of your business trademark. No one, not even celebrities, is immune from the numerous legal complications that may arise if business trademark law, whether national or international, is not followed correctly.
Not checking to see if it is already in use (Business trademark)
Branding is the single most important part of building your company, and good branding starts with finding the perfect name. When you get your “Eureka! At the moment, it may be tempting to just rush ahead and start stamping your name (or slogan) on anything in sight. However, doing this can lead you to serious-not to mention costly-problems.
In our years of experience, however, we have seen a shockingly high number of companies that, for whatever reason, have never taken the trouble to make sure that their brand name has not been registered and claimed by anyone else. If someone else has already claimed the name of your dreams, you’re going to have to get back to the drawing board. While that may be frustrating, it will save you a lot of time, stress, and money. Before you put an order for your sign, thousands of dollars in advertised marketing swag and more checks to make sure you’re in the clear.
Trying to get away with a subtle change of a common name (Business trademark)
First of all, just think of how you’d feel if a company did this to you. Also, think about the kind of legal action you’d be dying to take against the company that changed your name by one letter and tried to claim it as their own. It should be pretty obvious that if you start selling a soda called “Koke,” you’re opening up to a lot of trouble.
As long as there is a fair likelihood of misunderstanding between two company names, you will be responsible for the violation of copyright. Besides, do you want to send a message that all you are is a cheaper knock-off of another brand?
Not using the name is always enough (Business trademark)
This may come as a bit of a surprise, but not using the name of your trademark often enough can affect the extent of your rights. We’re going to let you in on the secret of a little industry. You know the famous brands-the kind you can recognize right away, that you grew up seeing in the grocery store aisles?
First of all, keeping their brand name the same after all these years is a perfect way to create brand loyalty. But it also means that their name remains secure. Let’s say, for example, that you decide to name your “Great Shoes” business trademark (we’re going to interrupt here and say that, if that’s the name you’ve chosen, you might want to consult a branding expert.) If you sometimes stamp “Great Shoes” or “Really Great Shoes” or “Greatest Shoes” on your shoeboxes, your brand use isn’t consistent. When you keep doing this, not only would the identity be utterly confused, but you might even lose the business trademark rights. Keep it consistent-for the sake of both your customers and your business trademark.
First of all, keeping their brand name the same after all these years is a perfect way to create brand loyalty. But it also means that their name remains secure. Let’s say, for example, that you decide to name your “Great Shoes” business trademark (we’re going to interrupt here and say that, if that’s the name you’ve chosen, you might want to consult a branding expert.) If you sometimes stamp “Great Shoes” or “Really Great Shoes” or “Greatest Shoes” on your shoeboxes, your brand use isn’t consistent. When you keep doing this, not only would the identity be utterly confused, but you might even lose the business trademark rights. Keep it consistent-for the sake of both your customers and your business trademark.
Failing to make sure that no one else is using your trademark (Business trademark)
That kind of universe in which we don’t live? One that no one can want to take your business trademark and use it for their business trademark without your approval or permission. You’ll need to constantly do what you can to ensure that no one else uses your business trademark. While yes, conducting an online search every once in a while is one way to monitor things, this is one area where it helps to have a professional on your side.
Plus, you just want to make sure that your brand stays consistent-and that it remains faithful to your company and only to your business trademark. If you’re not careful, your business trademark could end up being a generic term. Don’t you think this could happen to you? Well, that’s what happened to Aspirin, Yo-Yo, Zipper, and other brands on this list.
Will you need extra assistance with the legalities of your trademark (Business trademark)
Thanks to this article, you now know the mistakes you need to avoid when registering a business trademark of your company. But sometimes the laws may still seem a little confusing. In these cases, you’re going to need professional services. It is particularly valid if you operate within the context of international laws. No matter where you come from or where you want to do business, we will help you make sure you have done whatever you can to protect your intellectual property.
If you’re dealing with a domain name conflict, need assistance with IP resources, or just want to work with a team of experts you can trust, we’ll help you find the solution you need. Please, get in touch with us today.
See this material from the official United States Patent and Trademark Office for a much more detailed description of the laws related to registration and enforcement of business trademarks.
