If you manage to create your own trademark, it is something to be valued and protected. Trademarking is an accomplishment and a sign that you are the rightful owner to something specific. If it is compromised, it can lead to the unrightful tarnishing of your reputation and possibly even legal problems for you.
It often happens that counterfeiters attempt to steal these ideas. How many times have you been in marketplaces and seen Nike sneakers for ridiculously cheap prices? This happens because people attempted to replicate their trademark. However, Nike did create a strong brand, even though not everyone can spot it. Real Nikes have a logo on the tongue of the shoe, very precise stitching, and specific types of materials. Experts know how to spot these things.
Therefore, you should know how to protect it so that your rights are not infringed upon. In the sections below, we will provide an overview of how to do this so that you can be confident in the security of your trademark. If you need help, you can seek out a trademark registration agency.
Create A Trademark That Is Strong And Secure
You might think that the process of getting a trademark in itself provides security. In some cases, though, it is relatively easy to get one, but that doesn’t mean that it will remain secure. Trademarks can include all manner of business-related information, including business names, logos, symbols, even colors.
Strong trademarks include the following components:
- Uniqueness. The reason certain brands stay in people’s minds is because their creators took the time to create something really unique. There is hardly anyone who cannot recognize the Starbucks mermaid just by its symbol alone – this is because Starbucks founders put real effort into coming up with something unique.
- Distinctiveness. Not only are strong brands unique, they look like they were crafted by experts. The Chanel symbol might be simple, but minimalistic designs often indicate luxury better than complicated ones. And everyone knows the crossing Cs when they see them.
- Universality. The best trademarks are universal. Even people who cannot afford Louis Vitton can recognize its symbol pretty much anywhere in the world. This is evidence of a successful trademark.
Keep On Top Of Your Trademark
If you are the owner of a trademark, you should treat it like any other thing that you value in life. This means monitoring it in public usage. Thanks to the Internet and other forms of improved communication, we can now do this with greater ease these days.
You should make a regular effort to check USPTO filings and make note of any filings that appear to replicate yours. Take the time to file a complaint when you see these things. If you allow other people to steal your invention, you bear responsibility for being negligent about it. And in addition to checking filings, keep an eye out for trademarks that appear suspiciously similar to yours. There are different levels of action that you can take when you see things like this:
- You can write a cease and desist letter to the trademark office. This will prompt the office to notify the offender that there is a potential infringement process against them.
- If this does not work, you can take further legal action and actually take the other party to court. It is better to take preventative measures early, though, so that you can avoid having to do this.
- If you have an international trademark, you will need to follow similar steps in the countries in which you do business. This requires familiarity with the laws in those countries.
Be Sure To Maintain Your Status
If you aren’t diligent about maintaining your trademark status, then you won’t have any legal recourse when it comes to potential infringements. Once you are out of status, other people can come along and lay claim to a similar idea because you can no longer claim that it is yours.
There are specific things that you need to do to maintain a trademark, and specific time frames that you need to do them in. For one thing, you need to file maintenance documents following your fifth year. This is known as a Section 8 declaration, and it also requires a specimen and a fee. You also need to file 9 years after registration, and every 10 years after that. Making a note of these dates will help you keep on top of things when these dates come around.
Talk To A Lawyer If You Have To
These things can get complicated, and there is a lot of misinformation floating around online. Talking to a trademark attorney will help dispel any myths involved, and make sure that you stay informed about all the important details of the process. It will be worth it to take this step to protect your intellectual property. After all, you put a great deal of effort into getting your trademark in the first place; it is worth taking the time to keep intact.
