4 : creating touchpoints
Phase 4
Trademark process A brand identity that is distinctive and differentiated from its competitors will always help a client legally protect this valuable and critical asset. Almost anything that serves to distinguish products or services from those of a competitor can serve as a trademark. Names, symbols, logotypes, taglines, slogans, packaging and product design, color, and sound are all brand identity assets that can be registered with the federal government and protected from future litigation. Federal registration is in place to ensure that the consumer is not confused or misled by trademarks that are too similar. The government agency responsible is called the U.S. Patent and Trademark Office (USPTO). Trademarks are
always registered within industry classes, of which there are forty-five, and may be registered in more than one class. Intellectual property is the name of the legal discipline that specializes in providing the broadest scope of protection for brand identity assets. Intellectual property assets also include copyrights and patents. There are different points in the brand identity process when research is conducted to determine whether there are any conflicting marks, names, or taglines. The various types of searches include common-law, federal, and state. Experienced legal counsel is needed to assess the risk of trademark infringement.
A distinctive identity is worth nothing unless you can protect it. Roberta Jacobs-Meadway Eckert Seamans
PROCESS: TRADEMARK SEARCH AND REGISTRATION
> Establish legal needs Determine what needs to be protected: name, symbol, logotype, product design. Determine type of registration: federal, state, country. Identify key dates. Identify any regulatory constraints. Determine industry class(es). Assign search responsibilities. Set up documentation system. 144
> Establish legal resources
> Decide on type
> Conduct preliminary
of search
research
Identify client legal counsel.
Common-law (anyone can conduct)
Determine quickly other ownership.
Identify intellectual property lawyer.
Short screening (level 1)
Review other proprietary assets.
Comprehensive
Research search services.
Visual (for symbols, package, products)
Search domain registration sites, newspapers, search engines, telephone directories. Create short list for comprehensive search.
