Trademark Rights

Finding the right name for your business is very important for branding and identity, particularly for those in a crowded field hoping to stand apart from the crowd. But simply finding a catchy and unique name is not enough, since it may cause confusion with another business (even if that business is in a completely different line of work) or expose you to legal trouble. Aside from legal challenges by similarly named businesses or products, changing your company’s name (and Internet address) after launching can undo all of the hard work you’ve invested into brand awareness and marketing.

Specifically, you want to make sure that your business name does not infringe upon the trademark rights of another party. Conducting the necessary research and care into choosing a business name now can save you from stress and loss of business down the road. Remember that when it comes to your trademark, or IP Law in general, you are the one that has to protect your trademark rights. The government doesn’t do it for you. It’s not like the police seeking to prevent crime or something like that. You’ve got to be diligent to make sure that no once steals or infringes upon your rights.

Here are some things that you should do. Ask your attorney to perform a thorough trademark search in order to determine that no other business is already using the name of your business, products, or services. Make sure you register your trademark in order to get the most protection for your trademark rights.

Be on the lookout for other companies, products, and services that are or might be using the same business, product, or service name as yours. Watch for names that are confusingly similar to yours. If you see something weird or a potential problem, contact your attorney if you are aware or suspect that another company may be infringing on your trademark.
While you are at it, be sure to ask your lawyer to contact possible infringers and ask them to cease and desist their use of your name or mark. Ask your attorney to monitor relevant resources in order to watch for potential infringers. Have your attorney file a Notice of Opposition if he or she becomes aware of a trademark application that could infringe on your mark. Be sure to use your registered mark exactly as it appears on your registration.

Make sure that you also use your trademark on all of your business cards, stationery, invoices, advertising, signs, and packaging. Contact your attorney if you have any questions about your trademark rights before, during, or after the registration process. If you follow these best practices, you’ll protect your trademark rights. You want to do this because if you don’t follow your IP lawyer’s advice, you might lose your trademark and will have spent a lot of time and effort on nothing. You really don’t want that to happen.