There are many things to consider when protecting your business name and brand. But one area that is often overlooked is trademarks. Unfortunately, many entrepreneurs make common mistakes regarding trademark law – which can be costly down the road. In this blog post, we'll explore some of the most common mistakes people make with their trademarks – and how to avoid them.
Not understanding what a trademark is
One of the most common mistakes people make regarding trademarks is misunderstanding a trademark. Companies, organizations, and even individuals may think that simply registering their chosen name or logo with a government agency or website is enough to fully protect the mark, without realizing there are many additional steps needed for proper protection. Without fully understanding the scope of trademark law and best practices, businesses risk infringing on existing trademarks and leaving themselves open to legal action. Business owners must do their due diligence and become deeply familiar with trademark rules and regulations before changing a logo, launching a product line, entering new markets, or creating any other type of intellectual property.
Thinking that they don't need to trademark their logo or name
Many entrepreneurs make the mistake of assuming their logo or name doesn't have to be trademarked simply because they have never heard of any issues in this regard. However, failing to register a trademark can result in not being able to protect your brand or logo against infringement or misuse. It is essential to recognize that registering a trademark prevents others from copying or using it without your permission, which ultimately allows you to maintain control over how and where your logo or name is used. Additionally, it signals recognition of ownership and shows potential business partners that you value your brand. Thus, having a trademark for one's logo or company name is essential in launching a successful business.
Trying to do it themselves without the help of a professional
Many businesses have tried to cut corners by attempting to manage their trademarks without the help of a professional, only to find out that this was a mistake in the long run. Trying to do it all on your own can often lead people in the wrong direction and even cause issues with copyright infringement or confusion for customers looking for a particular product. Additionally, an inexperienced individual may not know what processes must be followed and what documents or filings should be done. This can get the company into legal trouble further down the line. Utilizing the help of someone with expertise and knowledge of trademark laws is essential for success in protecting and establishing a business's trademarks.
Not keeping their registration up to date
One of the most common mistakes businesses make with their trademarks is failing to keep their registrations up to date. Failing to renew a trademark registration or allowing it to be canceled can have disastrous consequences; companies may lose exclusive control over their mark and might face infringement issues from other entities later down the road. To be safe, it's essential for business owners to periodically review all of their trademark registrations to make sure that they are still valid and up-to-date. This exercise can save companies from big headaches and hassles in the long run, making it well worth the time and effort.
They are not using the appropriate symbol when they do have a registered trademark.
Many business owners mistakenly assume that having a registered trademark is enough to protect their brand. Still, they must use the ™ or ® symbol on all uses of the trademark. Not using the correct symbolism for their trademark can come back to haunt them; incorrectly indicating that a mark is registered makes it much harder to enforce exclusive rights and exclude others from using it. This can lead to significant financial losses, so be sure you have your legal team review any uses of your trademarked logo or wordmark to make sure the symbol is correctly displayed.
Infringement
Many people mistakenly assume that all uses are infringing when protecting their trademarks. However, this couldn't be further from the truth: infringement only occurs when a brand is used in a way that confuses another's mark. As such, it is essential for those looking to protect their trademarks to interpret and apply infringement rules carefully to avoid challenging harmless uses of similar marks without legal grounds.
Conclusion
In conclusion, it is critical that business owners take care to understand and adequately manage their trademarks. If companies do not understand the basics of trademarking, they put themselves at risk of trademark infringement. Moreover, mistakenly thinking that a name or logo is enough to receive the full protections afforded by registration can lead to costly missteps down the road. Moreover, attempting the entire process without a trademark lawyer's help can result in significant issues. Lastly, it is essential to keep your registration up-to-date and use proper symbols as indicated by trademark laws to ensure that you take every measure possible when protecting your trademarks from potential infringers. With careful management and adherence to all laws related to trademarks, businesses can feel more secure about the efficacy of their brand's protection.
Spiller Law is an advisor to startup businesses, entertainment and media companies, and artists. Feel free to schedule a free consultation.
Spiller Law is a San Francisco business, entertainment, and estate planning law firm. We serve clients in the San Francisco Bay Area, Silicon Valley, Los Angeles, and California. Feel free to arrange a free consultation using the Schedule Appointment link on our website. For other questions, feel free to call our offices at 415-991-7298.
The information provided in this article is for general informational purposes only and should not be construed as legal advice or opinion. Readers are advised to consult with their legal counsel for specific advice.
Spiller Law is a San Francisco business and entertainment law firm. We serve clients in the San Francisco Bay Area, Silicon Valley, Los Angeles, and throughout California. Feel free to arrange a free consultation using the Schedule Appointment link on our website. For other questions, feel free to call our offices at 415-991-7298.
The information provided in this article is for general informational purposes only and should not be construed as legal advice or opinion. Readers are advised to consult with their legal counsel for specific advice.