Critical to branding a business, or its goods or services, are: (1) a tagline that effectively describes your company, product or service and (2) an attractive logo to create immediate awareness. Branding is the art and science of differentiating you from your competition. As part of successfully establishing your brand through an effective tagline and logo, you might want to protect the brand, and that is where marketing and legal strategies interwine. Considering this: Why devote resources, time and effort to develop a brand, only to allow your competitors to take all or components of your brand away from you?
Here are my Five Rules of Thumb to Protect Your Brand
Rule #1- Get professional help
Don’t try to trademark your logo, business name, tag line, etc. on your own. Even smart business people unknowingly harm their trademarks on a regular basis. Trademark law is complex and not easy for most law persons. Experience in developing a trademark strategy is important. Don’t be cheap. If it’s worth branding, then it is probably worth protecting. Get professional help.
Rule #2- Your lawyer may not be the right lawyer for your trademark needs
Many of my trademark cases come from clients who first hired a lawyer who knew nothing about trademark law, and then the client came to me for help. I usually charge my clients more in fees to fix a trademark application than I would have charged to do the entire filing from the beginning myself. Or worse yet, I might have to file or defend lawsuits from a position of weakness, because the client failed to develop a proper legal strategy. It is always more work and harder work for me to fix another lawyer’s mistakes, than it is for me to do the job right the first time.
Rule #3- Decide on an I.P. strategy sooner than later
I do NOT file for trademark protection for every logo, company name, tag line, etc. for every client. Often, state trademarks might be enough, and there is no need for a federal mark. If you use a good trademark lawyer, he will discuss strategy with you first. If your trademark lawyer hasn’t engaged in cost-benefit analysis of various strategies with you, fire that lawyer and find a better one.
Rule #4- Protect your trademark
Once you get a trademark or service mark, protect that investment. Indicate ownership of your business name with an ® if it is registered as a federal trademark, a ™ if it is an unregistered trademark and an SM if it is a registered service mark.
Rule #5- Understand that trademarks are not the only way to protect your I.P.
* If you plan on incorporating, register your name with your state’s secretary of state.
* Common law rights can be just as powerful as statutory trademarks.
* Federal law protects certain domain names from Cyber Squatters.
* Copyrights are different than trademarks. Learn when to use which set of protections.
* First in time often equates to first in right. So, be able to prove “first-use” by keeping records that document the date you began using your business name.
* If you do business abroad, you should also register your business name there.
* If you go over state lines, you better see a trademark lawyer about your needs, rights and risks. Everything changes when you do business over state lines. Remember the Internet enables you to do business anywhere at any time- day or night! Differentiate or die!
* Common law rights can be just as powerful as statutory trademarks.
* Federal law protects certain domain names from Cyber Squatters.
* Copyrights are different than trademarks. Learn when to use which set of protections.
* First in time often equates to first in right. So, be able to prove “first-use” by keeping records that document the date you began using your business name.
* If you do business abroad, you should also register your business name there.
* If you go over state lines, you better see a trademark lawyer about your needs, rights and risks. Everything changes when you do business over state lines. Remember the Internet enables you to do business anywhere at any time- day or night! Differentiate or die!
