Trademark Tips for Beginners

It is becoming increasingly important for businesses, both small and large, to protect their intellectual property. From patenting inventions to copyrighting creative works to registering trade names and trademarks, business owners need to be as smart as possible about how spending money to protect IP translates into higher profits or , at least, protected assets, in the future. While it’s always a good idea to seek reputable legal advice from an experienced intellectual property attorney, there are also some basic tips that businesses can keep in mind when dealing with trademarks.

1. Register your marks. Seems pretty simple, right? You may be surprised how many companies refuse to do this, or do not do it in a timely manner to maximize their company’s profit associated with branding. As soon as you find out your company name, logos, slogans, certification marks and any other important marks, you should immediately register them with the United States Patent and Trademark Office (the “USPTO”). They may not be required to register to obtain and maintain trademark protection, which makes it much easier when it comes to enforcing trademark rights. You should also consider applying now for other available marks that you think the company may use in the future.

2. Use Trademark Notices. Be sure to use appropriate trademark notices on all trademarks, service marks, and certification marks owned and used by your business (ie, TM for unregistered marks and ® for registered marks). Again, while these notices are not required, using them consistently can make it easier to enforce your IP rights later, especially when it comes to countering an “innocent infringement” defense at trial.

3. Enforce your trademark rights. Registering for trademark protection is of no use to you if you don’t regularly look for unauthorized use of your marks and then enforce your rights. It’s a good idea to do regular web searches and any other means necessary to keep track of how your marks are being used. Enforcement may not require you to file an actual lawsuit; may begin with a request that the unauthorized user cease and desist from using your trademark.

4. Get it in writing! Any time your business allows others to use any of your protected marks, including your name, logos, trademarks, or other intellectual property, be sure to put the license terms and conditions in writing. Exclusive licenses (permission to use) and assignments (transfer of ownership) must be in writing to be legal and binding. Oral or implied non-exclusive licenses are possible, but often difficult to interpret and enforce. Just save yourself the headache and get it in writing!