MENTHER LEGAL
PROTECTING PROTECTING
Y
our trademark is a crucial part of your business. It shows the world who you are and how you set yourself apart from your competitors not to mention all the hard work you did to come up with it. You need to protect your trademark from those who may want to steal it, unintentionally or otherwise. One of the most significant gaps I have noticed when working with intellectual property clients is that most people do not view intellectual property as property at all. It is a sad phenomenon because intellectual property is the only property purely and uniquely theirs from inception. In the digital world, many infringers can hide within the shadows. They identify an up-and-coming or moderately successful brand. They build a brand so similar that the customer is confused and
thinks they are purchasing from your company versus a competitor. Here are five tips for protecting your brand in the digital age.
1 As soon as you start using
the mark in the market, place the little ™ symbol beside the mark or phase you seek to protect. When launching a new brand to the market, you want to identify your brand identity. In trademark law, there is a common law mark and a registered mark. When you use the ™ symbol, you place the market on notice that you are asserting common law ownership over the word, phrase, or symbol.
2 Consistently use the ™
symbol each time you use the phrase. To take ownership under common law, you have to show that you have consistently used your mark in commerce AND that the market was on notice that you are asserting a right to the exclusive use of the mark. Doing this will protect you if someone tries to file for a formal mark similar to yours down the road.
Inspire | Connect | Empower
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