3 Honest Trademark Mistakes and How to Fix Them

Trademark protection is so important in protecting your brand’s identity, reputation, and assets. But…we know honest mistakes happen.

The good news is, if you catch them early enough, there are pretty easy solutions. If you wait too long though, the mistakes are often much more expensive to fix.

Here are 3 common trademark mistakes and how to fix them:

Mistake 1: Failing to Register Your Trademark

The Mistake:

A lot of businesses neglect to register their trademarks. Operating without a registered trademark exposes your business and brand to so many risks, including potential infringement and forced rebrand. This decreases the value of your brand and your investment in it.

Trademark infringement cases usually start at around $50,000.00, which can significantly decrease the value of your business. This is why we recommend trademarking your brand as soon as possible. That way, you can protect your business from infringement lawsuits and prevent others from infringing on your brand.

How to Fix It:

1. Consult with a Trademark Attorney: Seek advice from an experienced trademark attorney. An experienced trademark attorney can help you determine if your mark is eligible for registration and guide you through the application process.

2. File a Trademark Application: If your mark is eligible for registration, have your attorney file a trademark application with the U.S. Patent and Trademark Office (“USPTO”). Once your application is registered, you’ll have exclusive rights to your brand elements for your products and services.

Mistake 2: Using a Mark that Someone Else Already Has the Rights to

The Mistake:

Another common mistake is using a brand name or trademark without conducting a proper search to make sure that no one else has prior rights to it.

Many companies mistakenly believe that running a Google search is sufficient as a trademark search, when in reality, proper trademark searches are very comprehensive and in-depth.

How to Fix It:

1.      Conduct a Trademark Search: Hire an experienced trademark attorney to run a comprehensive trademark search to check if your branding is already registered or in use by someone else.

If you learn that the branding you’ve been using is already protected by someone else, your trademark attorney can help you determine the best course of action moving forward, which could involve rebranding or negotiating a coexistence agreement.

Mistake 3: Inconsistent Trademark Use

The Mistake:

Inconsistency in using your trademark can weaken its distinctiveness and expose it to potential challenges.

How to Fix It:

1. Review Your Branding Materials: Run periodic audits of your branding materials, including your marketing collateral, packaging, and online presence, to make sure you’re using your branding consistently.

2. Create Brand Guidelines: Create comprehensive brand guidelines that outline how to correctly use your trademarks and branding materials. Make sure your employees and anyone else handling your branding has a thorough grasp on your brand guidelines.

3. Educate Your Team: Train your team members and partners on the importance of consistent trademark use and make sure they have the tools and knowledge they need.

4. Consult With a Trademark Attorney: If inconsistencies have already caused issues, consult with a trademark attorney to address any challenges and protect your brand’s integrity.

Trademark mistakes can happen to any business, but addressing them early will help you maintain strong brand protection.

If you haven’t registered your trademarks, failed to conduct a trademark search, or allowed inconsistent use of your trademarks, there are solutions to fix these honest mistakes. Just remember, the earlier you fix these mistakes, the better.

Remember, proactive trademark management is a necessary part of protecting your brand’s identity and reputation.

Are you ready to stop worrying about whether your brand’s protected? Click the button below to schedule your discovery call now.

10 Reasons You Need a Trademark Attorney as Part of Your Brand Strategy

Because trademarks play a vital role in protecting your brand’s identity and value, having an experienced trademark attorney as part of your brand kit is crucial.

When it comes to trademarks, there are a lot of i’s to dot and t’s to cross, which is one of the reasons it’s so important to hire an experienced trademark attorney. Having a trusted attorney to guide you through your trademarks and branding process will not only protect your investment in your brand, but it will also help you continue building your brand as an asset that grows with your company.

Here are 10 reasons you need a trademark attorney as a part of your brand strategy:

1. Strategic Trademark Selection:

A trademark attorney can guide you in selecting and creating trademarks that are unique, legally strong, and defensible. This helps ensure any investments you make in your branding are protected from potential infringement.

2. Trademark Searches:

Before investing heavily in branding and marketing, your attorney can conduct comprehensive trademark searches to ensure that your chosen brand elements are not already in use or registered by others. This proactive approach prevents costly rebranding, issues with your trademark application, and legal disputes down the line.

3. Trademark Applications and Registration:

Once you’ve chosen your trademarks, an attorney can assist in the trademark search, application, and registration processes.

Once formally registered, you’ll generally have the exclusive rights to use those marks in connection with your products or services, which is a critical step in safeguarding your brand and investment.

4. Monitoring and Enforcement:

Your trademark attorney can set up monitoring systems to identify potential infringements or unauthorized use of your brand. By promptly detecting any misuse, you can take swift legal action to protect your investment and brand reputation.

5. Defending Your Brand:

In the unfortunate event of trademark infringement, your attorney can guide you on taking legal action to protect your rights. This may involve sending cease-and-desist letters, negotiating settlements, or pursuing litigation if necessary. The goal is to maintain the integrity of your branding and ensuring that your investment remains intact.

6. Global Expansion:

If your business has ambitions to expand internationally, a trademark attorney with expertise in international trademark law can help you navigate the complexities of trademark registration in different countries. This international protection safeguards your investment in your brand across borders.

7. Strategic Brand Portfolio Management:

Over time, as your business grows, your brand may evolve and diversify. A trademark attorney can assist in managing your brand portfolio and help ensure all new elements are properly protected.

8. Legal Compliance:

Trademark laws are subject to specific legal requirements and deadlines. Failing to comply with these requirements can lead to the loss of your trademark rights. Having an experienced trademark attorney will help you make sure your trademark applications and renewals are submitted correctly and on time.

9. Risk Mitigation:

By working with a trademark attorney, you can make informed decisions about your branding strategies. This includes avoiding potential legal risks, such as selecting trademarks that are likely to be challenged by others, which can save you from costly legal disputes and rebranding efforts.

10. Adaptation to Legal Changes:

Trademark laws are not static. They can change over time. An experienced trademark attorney stays updated with these legal developments and adapts your brand protection strategy accordingly. This proactive approach protects your branding investments from the impact of changing legal standards.

Ready to take the next step in securing your brand and business success? Book a discovery call with us today so we can help make sure your brand is protected.

Click the button below to schedule your discovery call now. 

How to Leverage Your Trademarks as a Revenue Driver

Having strong trademarks adds value to your business and protects your brand. Here are just a few of the ways trademarks can financially benefit your company:

1.      Brand Recognition and Loyalty:

A strong trademark helps customers easily identify your products or services. With a good intellectual property and brand strategy in place, this recognition can lead to increased customer loyalty and repeat clients.

2.     Prevent Infringement and Protect Your Market Share:

Trademarks give you the legal right to prevent others from using similar names, logos, and product designs. This protects your market share and prevents confusion among customers, which, in turn, helps safeguard your revenue and customer base.

3.     Market Expansion:

Trademarks are valuable assets when expanding into new markets and launching new products. The customer trust you’ve built with your trademark can facilitate an easier market entry, which usually results in increased sales.

4.     Licensing and Franchising:

Trademarks can be licensed to other businesses for a fee. Licensing allows other companies to use your brand name, logo, or product name (or something similar to yours) in exchange for payment. Franchising operates on a similar principle, where franchisees use your brand under an agreement and pay franchise fees. This leads to increased revenue.

5.    Increased Sales and Pricing Power:

Because of the perceived quality and reputation associated with your brand, having a strong trademark usually means clients will pay higher prices for your products or services.

6.    Mergers and Acquisitions:

Because buyers are willing to pay more for an established brand with a strong trademark, having a strong registered trademark can significantly increase your company's sale value.

7.    Investor Confidence:

A strong trademark can attract investors who are more confident in the stability and growth potential of your brand, leading to financial investments that can help expand your business.

It's important to note that while trademarks can be valuable assets, they also require ongoing maintenance, including registration renewals and protection against infringement. Proper trademark management and enforcement are essential to fully realize their financial benefits.

Why Comprehensive Trademark Searches Are Essential

When you're building your brand, conducting a comprehensive trademark search is essential. But it's not as simple as looking up your mark on Google or TESS. You need to search federal and state databases, search engines, business records, and social media too.

Here are some reasons why comprehensive trademark searches are so important:

1.    YOU’LL AVOID INFRINGEMENT CLAIMS. 

You don't want to infringe on someone else's trademark and be sued for using their mark. A thorough search before filing your application will help you steer clear of existing trademarks and prevent you from having to defend yourself from infringement claims.

2.    YOU’LL PREVENT CONFUSION.

Your brand should stand out, not blend in. A thorough trademark search will help you avoid choosing a name that's already in use or too similar to other registered trademarks. This makes it easier for consumers to recognize and remember your brand. It also will help you identify whether your mark is available to trademark.

3.    YOU’LL SAVE TIME AND MONEY.

Conducting a thorough trademark search before filing your application will save you the hassle of having to start the process over and pay fees again if your application is denied.

4.    YOU’LL PROTECT YOUR BRAND. 

Your brand is important to you, and you want to protect it. By conducting a comprehensive trademark search, you'll ensure that your trademark is unique and distinctive.

A comprehensive trademark search is crucial to the success and protection of your brand. If you need help, we can help guide you through the process. Your brand will thank you!

5 Examples of When Your Service-Based Company Needs a Contract

Contracts are so important in protecting all parties and making sure everyone understands exactly what they’re agreeing to.

When written correctly, contracts provide written documentation of all the details of the relationship between the parties, which helps ensure everyone understands their responsibilities.

Here’s a list of when you should have a contract in your business:

1.      WHEN YOU’RE SELLING SOMETHING.

When you’re selling a product or providing a service, you need a contract that outlines payment terms, delivery expectations, refund policies, cancellation terms, and any other relevant details. That way, if there’s a dispute down the road, both parties can look at the contract, and a clearly written contract will help you avoid having to go to court.

2.      WHEN YOU HIRE SOMEONE. 

If you hire someone – an employee, VA, independent contractor, or vendor – you need a contract to spell out how much you’re paying them, duties, benefits, and anything else you agree to. This will help you if someone you hire decides to back out or claims you’re not honoring the contract.

3.      WHEN YOU’RE COLLABORATING OR PARTNERING UP. 

If you’re collaborating with someone, a contract can help ensure that each party understands the scope of the project, the timeline for completion, and any other relevant details.

4.      WHEN YOU HIRE A SPEAKER (OR SPEAK FOR SOMEONE ELSE).

When a business hires a speaker, a contract can help ensure the speaker understands the expectations and, if applicable, is compensated accordingly.

5.      WHEN YOU HOST AN EVENT. 

When a business hosts an event, especially an in-person event, a contract can help ensure that the venue and other vendors understand their roles and responsibilities. Your business may need other vendor and speaker contracts for your event as well.

These are just a few of the instances in which businesses need a contract. If you’re looking for legal advice about contracts for your business, remember, there’s no one-size-fits-all legal strategy. That’s why we recommend speaking with an attorney.  

If you need help with your company’s contracts and legal strategy, we’re here to help. Book a call here.

DISCLAIMER:

This information is provided for general information purposes only and should not be construed as legal advice with respect to any matter. Ms. O’Brien is licensed to practice law in Florida. This information does not create an attorney-client relationship, and it should not be used as a substitute for legal advice in any specific situation.