3 minute read
LEGAL
PROTECTING PROTECTING
Your 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.
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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.
2Consistently 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.
3Decide whether this is the EXACT mark or phrase that you will use in the marketplace. Trademarks are expensive, so you want to be sure that you will continue to use the mark as is. Any changes down the road will be costly and could result in your loss of the exclusive use of the present mark.
4File the mark with the United Patent and Trademark Office or your country equivalent. If you are doing business within a country, the best route is to obtain a national trademark. Several countries have reciprocity agreements, which means your mark will be honored in your home country and the other country. Be mindful of which countries offer reciprocity (and which do not) when doing business in the digital world.
5Monitor and Police Your Mark. The most critical aspect of protecting your brand is to monitor and police your mark. Monitoring your mark could be a small as setting a Google Alert to send you a list when your name, phrase, or mark is used. Alternatively, there are trademark watchdog services that you may hire to monitor your mark and deal with potential infringers. If you find that someone infringes your brand identity, you may send them a “cease and desist” letter. If they continue after the cease and desist or assert, they have the right to use the mark, try and work things out amicably.
If that does not work, you may have to file a claim in a court of competent jurisdiction to resolve the matter.
Book Spotlight
Attorney-entrepreneur and master business strategist LeTonya F. Moore, Esq. Can show you how. Stop Brand Stealing Thieves: Your Brand Protection Playbook is an excellent tool to help side hustlers, newbies, and established brands alike. In this easy to follow playbook, Moore walks business owners through the first simple steps to Stop Brand Stealing Thieves in their tracks. From repositioning their mindset to protecting ideas, to building the RIGHT team and implementing good legal strategies. By constructing the right building blocks of fortifying your brand, without the intimidation of a daunting task or process, How to Stop Brand Stealing Thieves provides proven success strategies that gives you the tools to insulate your brand from thieves. Your brand is your ticket to leaving a tangible legacy and one that can span generations. How to Stop Brand Stealing Thieves is the playbook you need to make that a reality.
