registered trademark symbol

5 firms Things you should know about enforcement of their trademarks

1. Your brand does not need to be registered to be executed.

As you probably know, a trademark includes any word, name, symbol, or device used in commerce to identify the goods of one manufacturer or seller products manufactured or sold by others and to indicate the origin of goods. In short, a trademark is a brand like Coca-Cola ® for drinks, the Nike swoosh shoes, and FedEx ® delivery services for packages.

What may not be aware of is that you should not own a federal trademark claim their rights in a trademark (ie stop someone else to violate or knocking off your brand with a trademark similar or identical).

Trademarks can be Federal Register Federal Register and are well worth the time and effort to acquire. But there are also marks what is known as common law. In short, if you use a trademark to identify your products or services, even if you have never registered the same, you have acquired the rights in that mark date back to that first used the mark sale of goods or services.

2. You must have used your first mark.

Probably the question most important mark in enforcement is to understand that they used their trademark of their first. The general rule is that anyone who has used their first mark is what is known as priority of use. The person who has used is the second Use Less. Consequently, the party with the priority of use may rely their mark against the bottom with the use (for example, have them stop using the trademark infringement). With every rule there are exceptions. But this general rule is a good guide, if you are planning to enforce your mark.

3. Trademarks Need to be similar.

When you look at your sign and the other brand that you feel are very similar? The general rule is that if the marks are similar in appearance, spelling, phonetic pronunciation, or simply make such a commercial application general impression can be had. So unless the marks are identical, which is usually a subjective sliding scale.

4. The property and / or services are similar or related.

Moreover, to assert your brand against another property and / or services should generally be similar enough that the average consumer would think that encountering the respective marks come from the same source. To put it another way, few would argue that if we started to see frozen hamburger in our grocery store with the "McDonalds" logo on them you might think those nice people from Illinois are now doing frozen food as well. Even if they never studied the market of frozen food, there is a strong association between the two is enough that the assumption would be logical.

In the alternative, we say they are in your local car parts store and see the head gaskets with the Gatorade logo on them. Few of us would think that the manufacturer beverage machine has expanded the arena parties. Why? It 's just not a typical expansion seen in the market. Just as the subjective rule of reason in We talked to the similarity between the marks, this is a subjective exercise.

5. You run a good business decision?

This is one that lawyers often do not speak with their clients, but we like to bring up – if the application of the brand make a good deal? Yes, you're an angry person is knocking off your mark. Certainly it is almost identical to yours. But a single mom and pop store opening in California affect the bottom line New York / New Jersey in which you distribute your products?

We look at it that way. At the end of the day when you decide to apply your brand is need to make a business decision if enforcement makes sense. If it's going to cost a gazillion dollars to stop a shop-n-pop mom in California, which is not is affecting sales in any way that a good business decision? On the flip side, if you are an internet retailer and your competitor is stealing from you every day using a copy of your brand you must act immediately.

For each situation there is a different answer. This is a factual analysis of the entrepreneur to do.

So the answer depends on you and your business. There are, of course, to include other considerations such as brand dilution that occurs when not to apply the same or the creation of a defense of acquiescence (ie, if you let other people use similar marks can then claim this as a defense that they should now be allowed to use a mark similar to yours).

But at the end of the day we like to remember those that we recommend this is business, nothing personnel. And if you do not have the business sense to apply your brand does not. If he does, do. But always keep an eye on the bottom line.

About the Author

The Trademark Company provides the most comprehensive suite of trademark services available online.  From Trademark Research to the Enforcement of Your Mark(s) our company will protect your business and brand identity.

Our company is comprised of an experienced team of professionals. We work with our clients to help develop their name, logo or brand presence and ensure it is secure and stays that way. From international and federal trademark filing registration to litigation services, we are there for our clients every step of the way.

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