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It can be hard work starting a new business. From the outset, just identifying the many tasks to address and decisions to be made can be overwhelming. What type of business entity should I form? Do I need a business plan? What should I name my business? Do I need to rent office space, and if so, where? What is the best way to market my business?
Of course, as many business owners will tell you, all of that planning and hard work can be worth it. Aside from the potential financial rewards, most successful business owners enjoy a lifelong sense of satisfaction at having built something they can be proud of. And if you’re really successful, there will be no shortage of competitors trying to emulate your success. While competition should be expected and planned for in any business endeavor, what happens when a competitor crosses the line into unlawful business practices, such as stealing your trade name, logo, formulas, or other trade secrets?
It’s an unfortunate reality: success breeds imitation, and not all of it is legal. Logos and other branding elements, like taglines and product names, are often unlawfully copied by shady bad actors looking to capitalize on your hard work. This isn’t just unfair – it dilutes the value of your brand. Even worse, in cases where the goods and services provided by the bad actor are pale imitations of your own, the unlawful infringement can have a devastating impact on the goodwill you’ve established over time with your customers and clients.
Luckily, there are ways to protect your brand and hold unlawful infringers accountable for any damage to your business and reputation.
The most common way to legally protect your brand is to register a trademark or copyright, or both, to put the entire world on notice of your claim to the exclusive rights in the registered mark or work. While an owner can register both a trademark and copyright for certain intellectual property assets, they are not the same thing. Understanding the differences is an important first step towards making sure your IP assets are properly protected.
A trademark protects words (like a brand name), phrases (like a catchphrase or slogan), or designs (like a logo) that are used to identify a unique source of goods or services and distinguish them from like goods and services available from other sources. The owner of a mark typically has common law rights in the mark, but most business owners are best served by taking the formal step of registering their mark with the United States Patent and Trademark Office (the “USPTO”) or its corresponding agency at the State level, if any. A formal registration with the USPTO provides several benefits, including:
While you do not need an attorney to file an application to register your mark with the USPTO, there are several pitfalls that inexperienced business owners face that can delay approval of their mark, preclude a successful registration, or even result in a successful registration that doesn’t provide all the protection the owner seeks. For example, the most common mistake made by first-time trademark applicants is the failure to thoroughly research their mark before filing to ensure there are no potential conflicts with a previously existing mark. A previously existing mark registered in the same class of goods or services will guarantee a denial of your application by the USPTO. Unfortunately, the USPTO has a strict no refund policy, even for innocent mistakes in the application process.
Unlike a trademark, copyright is limited to original works of authorship, such as a novel, screenplay, painting, or other work of art. It is intended to protect the unique expression of any original work and can have broad application to things as diverse as websites, fonts, lyrics, and recorded symphonies.
One great feature of copyright is that it automatically attaches when you create something new in a fixed, tangible form. You don’t need to publish it or use it in commerce to have common law rights in your own original works.
However, federal copyright registration provides two very important functions:
Just as with a trademark registration, registering a copyright can be tricky for the inexperienced layperson. For example, most business owners hire a marketing team or graphic designer to create a logo they can use as part of their business brand. Who can copyright that logo, the business owner, the marketing team, or the original artist? Simply put, a business owner can only claim rights to such work if the work is performed pursuant to a “work for hire” agreement in which the artist acknowledges that, in exchange for consideration paid, they waive any and all claim to ownership in the work.
Depending on the complexity of your branding and IP assets, protecting your brand might involve a combination of trademarks and copyrights. Having an intellectual property attorney on your side from the very beginning will help you analyze the best available registration options to provide the maximum protection for all of your IP assets and help you enforce your valuable registered IP rights in the event of infringement down the road.
If you want to protect your brand, believe a competitor is engaged in the unauthorized use of your IP, or have received a cease and desist letter or complaint accusing you of infringing on the IP of another, please contact us today. Our IP team can help you identify and protect your IP assets, including trademarks, copyrights, patents, trade secrets, and more. And if you are facing accusations of infringement, you will want knowledgeable IP counsel at your side to vigorously defend you. For additional information or to discuss a potential IP claim, defense, registration, or maintenance, please contact Alan Golub (agolub@fskslaw.com) at 973-538-4700.
Imagine you’ve spent countless hours building your brand, pouring your heart and soul into every detail, only to find someone else using your brand name without your permission.
It’s like someone taking credit for your hard work, right? Protecting your brand name is crucial in today’s competitive market. But how do you do it?
Let’s dive in to figure out how to protect a brand name.
Why Does Brand Name Protection Matter?
For every business owner, brand name protection is of paramount importance, and here’s why:
1. Identity and Recognition
Your brand name is the primary identifier for your business.
It’s how potential customers recognise and differentiate your products or services from others in the market.
Protecting it ensures that this identity remains unique and unmistakable, granting you exclusive rights to that name.
2. Trust and Reputation
A well-protected brand name, especially one with a registered trademark, builds trust among consumers.
When they see a name they recognise, they associate it with the quality and reliability they’ve come to expect from your business.
Any unauthorised use or imitation, such as fake products or misleading product names, can erode this trust.
3. Economic Value
Brands with a strong reputation often command higher prices for their products or services.
Protecting your brand name and making it a public record, safeguards this economic value, ensuring that others can’t profit from your established reputation.
4. Deterrence Against Infringements
When you take active steps to protect your brand name on online platforms, it sends a clear message to potential infringers that you value and will defend your intellectual property rights.
This proactive approach can deter many from making the common mistake of using a name too similar to yours.
5. Legal Recourse
Having a protected and registered trademark provides you, the business owner, with legal grounds to take action against unauthorised use.
Without this protection, it becomes challenging to challenge imitators or those who infringe on your brand.
6. Consistent Brand Image
Brand consistency is crucial for effective marketing and customer recognition.
Protecting your brand name ensures that no one else can create confusion in the market by presenting a different image under a similar name.
7. Global Expansion
As businesses expand globally, brand name protection becomes even more critical. What might be protected in one country might not be in another.
Ensuring your brand name is protected internationally can pave the way for smoother global expansion.
Suggested Reading: Brand name legal protection
How to Protect a Brand Name?
In today’s digital age, protecting your brand name is more crucial than ever.
With the rise of online platforms and the ease of setting up businesses, brand names are at a higher risk of being misused or infringed upon.
Here are nine effective ways to safeguard your brand name:
1. Ensure Your IP is Registered
It’s vital to have your Intellectual Property (IP) registered in the form of trademarks, copyrights, patents, and design registrations.
A registered trademark, for instance, gives a brand complete ownership of identifiers like brand names, logos, taglines, and phrases.
This registration empowers the brand to take legal action against anyone using their mark without permission.
2. Building a Strong Brand Presence
A robust brand presence acts as a shield against infringers.
Brands like Domino’s or McDonald’s are rarely imitated because of their strong market presence.
Investing in the overall consumer experience and maintaining consistent brand standards can deter potential infringers.
3. Securing the Brand’s Online Presence
While it’s advisable to use a single domain for your organisation, it’s equally important to purchase and park all related domain extensions (.com, .net, .org, etc.).
This prevents competitors from cyber-squatting or selling the domain at exorbitant prices.
Additionally, securing all relevant social media handles is crucial to avoid confusion and potential revenue loss.
4. Draft Appropriate Non-Disclosure Agreements (NDAs)
NDAs are essential, especially if your brand relies on freelancers or independent contractors.
These agreements prevent external parties from sharing or using your brand’s confidential information.
Full-time employees should also be bound by NDAs to safeguard the brand’s internal operations and strategies.
5. Monitor Your Competition
Brands should actively monitor the market for signs of infringement.
Regular online searches can help identify unauthorised use of your IP. Keeping an eye on competitors’ websites, social media, and other business avenues is crucial.
6. Strategise Fighting Infringement
Brands need to be proactive in identifying and combating brand infringement. Initial steps can include sending a letter to the infringer, followed by a cease and desist notice if no response is received.
If the infringement continues, legal action might be necessary.
7. Create a Corporate Entity
Incorporating your business provides protection from copycats within your state and competitors from other regions. This legal step ensures that your business name is safeguarded and offers peace of mind.
8. Trademark Your Name and Logo
Trademarking your business name, logo, and even slogans can offer long-term protection.
This legal measure ensures that no one else can use your brand identifiers without your permission, maintaining the brand’s reputation and integrity.
9. Establish Online Communities
Building online communities centered around transparency and honesty can bolster your brand’s reputation.
When consumers engage organically with your brand online, it creates a protective layer against potential infringers.
How to Legally Protect a Brand Name?
Protecting a brand name legally is paramount for preserving its distinct identity in the marketplace.
Initiating with a comprehensive trademark search ensures that your chosen brand name isn’t already claimed by another entity.
Once you’ve ascertained its uniqueness, proceed with trademark applications at the appropriate national or regional offices.
Successful trademark registration provides you with legal rights and an exclusive claim to ownership of the name, barring others from unauthorised use.
It’s wise to consult legal counsel to navigate this process effectively.
Secure relevant domain names and other branding elements to fortify your online presence against bad actors.
Adopt proactive measures by routinely monitoring for infringements and be ready to assert your rights, whether through cease and desist letters or legal action.
Keep in mind the time frame and filing fee for the registration process.
Ultimately, a legally shielded brand name not only defends your business’s reputation but also amplifies its credibility and worth to consumers.
Conclusion
Protecting your brand name is like protecting your identity in the business world. It’s an investment in your brand’s future.
So, take the necessary steps, seek expert advice, and ensure that your brand name remains yours and only yours.
FAQs
How to protect my brand name?
It is important to take proactive steps in order to protect your brand name. This includes researching and registering a trademark, making sure that any domains associated with the name are secured, and monitoring for any infringement or unauthorised use.
It is also important to create a strong online presence for your brand and make sure that all content related to it is accurate and up-to-date.
How to legally protect a brand name?
A brand name can be legally protected by a trademark. Begin with a trademark search, followed by filing a trademark application with the appropriate national or regional office. Once registered, you have exclusive rights to the name.
How to protect a new brand name?
When launching a new business or product, one of the most important things you can do is to protect your brand name. With the right strategies and steps in place, you can safeguard your brand identity and prevent competitors from trying to use or imitate it.
The first step to protecting your brand name is to register it as a trademark with the Trademark Office.
This will not only prevent others from using it, but also give you the right to take legal action if someone does. It’s also important to search for similar brands before selecting your own; if there are other existing trademarks that are too similar, you may find yourself in trouble down the line.
Additionally, consider purchasing a domain name with your brand name and protecting against cybers quatting and other deceptive practices. Finally, actively monitor your brand for any unauthorised use or infringement.
How to create and protect my brand?
Start by choosing a unique brand name and logo. Conduct trademark searches for both and then register them. Build a strong online presence and monitor for unauthorised use.
How the brand names can be protected?
Brand names can be protected through trademark registration, securing relevant domain names, and taking legal action against unauthorised use.
How do you protect logo brand names?
Protecting logo brand names is important for any company or individual who wants to establish a reputation and create recognition in the marketplace.
Logo brand names can be protected through trademark registration and by monitoring the internet to ensure that no one is using the logo without permission.
This post is originally published on Bytescare Blog.
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