Much of the potential success of your brand depends on the choices that you make at the early stages of your project or b
1. Be original.
If your business’s name is unlike anything else on the market, it will be easier to defend, and also easier for your customers to distinguish. If you name your business, say, Pizza Delivery, every pizza place will have those words on their website.
Joseph Mandour, managing partner and an intellectual property attorney with Mandour & Associates, stresses the importance of choosing a unique trademark. “You want your trademark to be memorable, and from a legal standpoint, distinctive names are ideal,” he says. “Generic and descriptive names, especially in a global market, are more difficult to defend.”
When you register your trademark, the United States Patent and Trademark Office (USPTO) will reject your application if your name is too similar to a trademark already registered in relation to similar goods or services. Before you finalize your name choice, do a trademark search.
You can use the USPTO Trademark Electronic Search System on your own or hire a trademark attorney or service. I was fortunate in naming my business, because no one else had ever filed or used a similar name. The USPTO database does not include unregistered trademarks, and you could potentially face a challenge from a business that was the first to use the name you choose, even if they have not filed a trademark application.
2. Apply for a trademark.
Once you’ve settled on a name or slogan and verified that there are no conflicts, it’s important to apply for a trademark. Your trademark is industry-specific and only applies to the business you are involved in. You’ll be asked for a list of goods and services you intend to provide under this brand.
3. Respect the mark.
When you have established your trademark, you need to respect it. Renewal fees come due every 10 years and must be paid on time, and there is also a renewal to file after the first five years. Filings with the USPTO are not all there is to protect your trademark. On your website and all marketing materials, include the appropriate trademark symbol for each reference to your trademark. Visible documentation will help you if you are challenged in court.
I have been challenged several times because of certain images I’ve used on my website from stock photo or creative commons sources. I’ve won in every single instance because I always visually document and attribute the proper marks on all images I use.
Vladislav Artemyev, the CEO of Scorum, specified the importance of content and its consumption. “Content is consumed from a variety of devices so it’s important to differentiate your content to maintain the unique value it brings to your brand.”
4. Police your trademark.
The protection granted by registering your trademark exists only in the court. There is no trademark police prowling the web looking for violators. It’s up to you to locate violators and take action. As a trademark owner, you have a duty to do so. Use the USPTO database to watch for others applying for trademarks similar to yours. If you find a violation, a cease-and-desist letter from your lawyer may be enough to convince them to choose a different name.
Some companies will choose to fight it out in court. Mandour says most will back down from aggressive actions, though. “We like to litigate fast and aggressively, which often leads to positive outcomes for our clients,” he says.
Protecting your trademark is a big responsibility. While you’re diligently searching out people infringing on your rights, other people will be looking at ways to challenge your claim. A strong, unique name and a thorough search for similar names will help you avoid trouble from the start, but you should always be prepared to fight for your rights.