3 Tips For Protecting Your Trademarked Name Or Logo
Have you come up with a brilliant name or logo for your new business or product? Do you want to make sure that name isn't used by another party? Fortunately, U.S. trademark laws allow you to file for governmental protection for your names and logos. You can file for a trademark with the U.S. Patent and Trademark Office. After your filing is approved, you can claim sole use of the trademarked item and take action against other parties who use it. However, it's up to you to enforce and protect your trademark. Here are three tips on how to do so:
Use it. They say the best defense is a good offense. That saying applies when it comes to trademark protection. The more you use your name or logo, the more aware others will be that it's in use and trademark-protected. Also, if you discover that someone else is using the material, you'll have a better case if you can show that you are actively using it, too. If your name or logo is dormant, a court may have little motivation to enforce the trademark.
Also, use the official registration symbol to show that you have filed for a trademark. It's a superscript symbol with an "R" inside. Place that beside the name or logo whenever it's used on a website, in marketing materials, and other places.
Monitor it. The only way to enforce trademark violations is to know when someone else is using the name or logo. You can't be everywhere at all times, so it could be a difficult job to do yourself. One method is to set up a news alert online so you'll get notifications whenever your name or logo is used online.
Another method is to hire a trademark monitoring service. Many intellectual property attorneys offer this type of service. They use software to constantly search for uses of your name or logo online. Then they notify you when there is an illegal use so you can determine what action to take.
Enforce it. When someone does use your trademarked intellectual property, it's important that you take action quickly. By taking action, you set a precedent that trademark violations won't be tolerated. Should a violation ever end up in court, you'll want to be able to show that you have consistently and regularly enforced your trademark. You may want to start with a cease-and-desist order. Should the violator not stop using the material, you can then move to litigation.
An intellectual property attorney can help you decide what course of action to take. Visit an attorney in your area, such as one from Joseph E Mueth Law Office, for more information.