As a business owner or marketing manager, you understand the importance of protecting your brand. Protecting a valuable brand can be difficult without structure and to make sure that it isn’t stolen by competitors, trademarks and copyrights are essential. Without such protection, any person or company could use your branding information to their advantage.

That is why knowing trademarks and copyrights is so crucial when striving for success as an entrepreneur. In this blog post, we will discuss why it’s important to have trademark and copyright protections in place for brand safeguarding and the workflow background necessary to implement these vital measures correctly.

What are Trademarks and Copyrights, and why are they important for brand protection

Trademarks and copyrights are crucial for protecting a brand’s identity and creative works. A trademark is a symbol, word, or phrase that distinguishes a company’s goods or services from those of others, while a copyright protects original works of authorship, such as literary and artistic works, software, and music. These legal protections prevent others from using or reproducing a brand’s assets without permission, which can damage a company’s reputation and financial stability. Registering a trademark or copyright also adds value to a brand, making it easier to license or sell. By investing in trademark and copyright protection, companies ensure the longevity and success of their brand while safeguarding against potential legal disputes.

What can you trademark:

• Brand names
• Product names
• Logos
• Slogans
• Taglines
• Packaging designs
• Sound marks
• Trade dress (the distinctive design of a product or packaging)

What can be copyrighted:

• Books and other literary works
• Artistic works such as paintings, drawings, and sculptures
• Films and videos
• Music and lyrics
• Computer software
• Website designs and content
• Photographs and images
• Architectural designs

The limits of trademarks and copyrights

These protections have limitations, and businesses should be aware of what they cannot protect.

In terms of trademarks, generic, descriptive, or functional items cannot be trademarked, such as common words or phrases that describe the product itself. While companies can obtain trademark protection for their logos, slogans, and brand names, they cannot protect everyday words or images. For example, it would be challenging to trademark the word “coffee” for a coffee shop or “pizza” for a pizzeria.

Additionally, there are legal limits to the use of common phrases in marketing campaigns, such as popular idioms or commonly used expressions. These phrases have often been used in the public domain enough that they can no longer be trademarked, even if they may be unique to a particular business.

Similarly, there are limits to what can be protected with copyrights. Abstract ideas, concepts, or purely factual information, cannot be copyrighted. For example, while a business can copyright their website text, layouts, and graphics, they cannot copyright the concept or information presented on the site.

To protect their intellectual property when traditional means fail, businesses often resort to trade dress. Trade dress is the use of non-functional aspects of a product or service that serves to distinguish it from competitors. For example, a fast-food restaurant that uses a recognizable color scheme or layout to differentiate their chain from competitors is employing trade dress.

Some specific examples of brands that have faced challenges in trademarking their assets include:

• Subway: In a 2014 case with the U.S. Patent and Trademark Office, Subway was denied a trademark for the phrase “Footlong” to describe their sandwiches as it was deemed a generic term.
• Dropbox: In 2014, the cloud storage company attempted to trademark the term “Dropbox,” but was challenged by a small Utah-based startup with the same name.
• Coca-Cola: Despite their iconic brand image, Coca-Cola was unable to trademark the shape of their glass bottle in Europe in 2017.
• Red Bull: The energy drink company’s attempt to trademark their slogan, “Red Bull gives you wings” was challenged in court and ultimately rejected in 2014.

Registering for a trademark or copyright for your business

Protecting your brand and intellectual property is crucial to maintaining a competitive edge. One way to do this is by registering your trademark or copyright. Registering a trademark allows you to claim exclusive ownership of your business name, logo, or any symbol representing your business. On the other hand, registering for a copyright protects your original creative works, such as photos, videos, or text. Although the registration process can seem daunting, it is a necessary step to safeguard your business’s success. 

In the United States, businesses can register their trademark with the U.S. Patent and Trademark Office (USPTO) to obtain legal protection and exclusive rights to use a specific symbol, phrase, or design. The registration process involves a comprehensive search to ensure that the desired trademark is not already in use or trademarked by another entity. If the trademark is available, businesses can then file a trademark application with the USPTO. Once the filing is successful and the trademark is registered, businesses can use the ® symbol to denote their exclusive rights to use the trademark. An experienced trademark attorney can help businesses through the often complicated and time-consuming registration process to ensure that their intellectual property is legally protected.

 

What rights come with owning a trademark or copyright

As a trademark or copyright owner, you’ll have the legal authority to control how your intellectual property is used and distributed. This means you’re granted exclusive rights to reproduce, distribute, and display your work. You’ll also be able to prevent others from producing or using your work without your permission. These rights protect your unique creations and encourage creativity and innovation. Owning a trademark or copyright also affords you legal recourse if someone infringes on your rights. Taking steps to obtain proper registration of your intellectual property is an investment in your future success and the protection of your creative efforts. With trademark or copyright ownership, you can be assured that your original work will be recognized and rewarded accordingly.

The risks of not securing trademarks and copyrights for your brand

For businesses looking to establish themselves in their respective industries, there are several financial risks to bear in mind when failing to trademark a brand name. Here are some of the consequences that companies could face by not trademarking their name:

Infringement on someone else’s trademark: Without researching existing trademarks or registering a company’s own trademark, businesses risk infringing on a pre-existing trademark. This could cause legal issues, including lawsuits and infringement claims.

Suit or legal action: Companies without registered trademarks cannot pursue legal action against any party that infringes on their “intellectual property rights”, which can cause a great deal of financial distress.

Loss of revenue: Without having a trademark to protect their brand, companies face the possibility of people associating their name with other companies, which can result in a loss of revenue for the business.

For example:

Apple Corps vs Apple Inc: In 1978, the Beatles-owned company, Apple Corps, filed a lawsuit against the computer company Apple Inc. for trademark infringement over the use of the “Apple” name. This led to an out-of-court settlement in which Apple Inc. paid $80,000 to Apple Corps. However, the lawsuit and settlement required Apple Inc. to agree to use the name only for computer-related products and services.

Monster vs Monster Energy Corporation: In 2009, Monster Cable Products, a company that makes audio and video cables, took legal action against Monster Energy Corporation, alleging trademark infringement. Although the companies were in different industries, Monster Cable Products argued that consumers might confuse the two brands, which could negatively impact Monster Cable Products’ sales. After four years of legal battle, the two companies settled with Monster Energy Corporation agreeing to withdraw some of its trademark applications.

These examples highlight that failing to trademark your brand name can lead to costly legal battles and brand image damage that can be hard for a company to recover from in the long run.

 

 

Strategies to protect your brand from infringement

Trademark and copyright infringement can cause significant harm to your brand, including loss of revenue, reputation damage, and legal liability. Therefore, taking steps to protect your brand from these risks is crucial. Here are some of the best tactics and strategies to safeguard your brand from trademark and copyright infringement.

Conduct comprehensive research on trademarks and copyrights:

Before launching your brand, conduct thorough research to ensure your trademarks and logos are unique and do not infringe on anyone’s trademarks or copyrights. Remember that not all trademarks and copyrighted works are registered with the government. Therefore, you should also conduct a general online search and check with industry associations to identify potential conflicts.

Register your trademarks and copyrights:

Once you have identified your unique trademarks, logos, or copyrighted works, you must register them with the relevant agencies. Registering your intellectual property (IP) provides legal protection and allows you to take legal action against anyone who infringes on your rights.

Monitor and detect infringement:

To detect potential infringement, regularly monitor online marketplaces, social media platforms, and other relevant channels for the unauthorized use of your trademarks or copyrighted works. You can also use automated monitoring tools to keep an eye on your intellectual property.

Take legal action in response to infringement:

If you detect any infringement, take legal action immediately to protect your brand and assets. Consult with a trademark and copyright lawyer to determine the best course of action, which may include sending cease and desist letters, filing a lawsuit, or pursuing alternative dispute resolution methods.

Educate your team members:

Educate your employees and stakeholders on the importance of brand protection and intellectual property rights. Provide training and resources on identifying and reducing infringement risks, and encourage them to report any potential violations.

Collaborate with other businesses or individuals:

Engage with other businesses or individuals to identify common infringement risks and develop joint strategies to prevent them. This can include cross-licensing agreements, trademark co-existence agreements, or other collaborative efforts.

Stay up to date with trademark and copyright laws:

Trademark and copyright laws are continually evolving, so staying up to date with the latest changes is essential. Consult with legal experts and attend industry conferences to stay informed about best practices and legal developments.

 

Hiring a Trustworthy and Reliable Trademark Lawyer for Your Business

If you are starting a business or launching a new product, it is essential that you protect your brand by obtaining a trademark. A trademark not only gives your brand legal protection, but it also helps to establish your brand’s identity in the marketplace. However, navigating the trademark process can be complicated and confusing. Hiring a trustworthy and reliable trademark lawyer is crucial for any business. Here’s how to identify and hire the right lawyer for your needs.

Why is it essential to have a trademark lawyer?

A trademark lawyer can provide invaluable assistance in the process of filing for and obtaining a trademark. A good lawyer should:

• Conduct a comprehensive search for existing trademarks or similar names to protect your brand.
• File a trademark application and respond to any questions or objections from the USPTO (United States Patent and Trademark Office) on your behalf.
• Advise you on properly using your trademark to avoid infringing others’ rights.
• Enforce your trademark rights by taking legal action against infringers if necessary.
• Defend your trademark if someone else challenges it.

Key factors to consider while hiring a trademark lawyer:

Experience: Look for an attorney with a proven track record of handling trademark cases. They should have experience in dealing with the USPTO and handling litigation if necessary.

Reputation: A good lawyer should have an excellent reputation within the legal community and among their peers. Look for reviews and testimonials from their previous clients.

References: Ask the lawyer for references and follow up with them to gauge their experience and satisfaction working with the attorney.

Fees: Consider the fees and billing structure of the lawyer. Are they transparent about their fees and retainer arrangements? Do they bill hourly or on a flat-fee basis?

Expertise: Look for an attorney who specializes in trademark law specifically. This will ensure that they have the knowledge and expertise necessary to handle your particular case.

Develop a shortlist of qualified candidates:

Once you have identified some potential lawyers, narrow down your list by conducting further research. You can check the lawyer’s discipline record, credentials, and experience using online legal directories or state bar websites. Consider their communication style, availability, and location when making your final selection.

Evaluate the candidates carefully:

When evaluating the candidates, conduct background checks to confirm their licenses, qualifications, and community standing. Provide clear instructions and ask for a detailed written proposal. Also, look at their communication style. Do they communicate well and in a timely manner? Are they responsive to your questions and concerns?

At the consultation:

During the consultation, ask relevant questions to evaluate the lawyer’s skill and experience. Here are some examples:

• How long have you been practicing trademark law?
• What percentage of your practice involves trademark or IP law?
• What is your experience with negotiations, mediation, and litigation in IP cases?
• Can you provide references from previous clients?
• What is your approach to trademark filing?
• What fees do you charge, and how will I be billed for your services?

Working with a trustworthy and reliable trademark lawyer can make all the difference in protecting your business’s trademark and intellectual property rights. Take the time to research and identify the right candidate for your situation, and ensure you clearly understand their fees, expertise, and experience. Investing in a good trademark lawyer can save you time, money, and stress in the long run.

Protecting your brand through trademarks and copyrights is essential for any business, large or small. While the process of registering for a trademark or copyright may seem daunting, the legal protections it offers are worth it in the long run. Not investing in trademarks and copyrights puts you at risk of infringement and severe financial loss, so doing everything you can to understand and protect your business’s intellectual property is paramount. Many resources are available to help businesses thoroughly understand their brand protection needs. From online tutorials to knowledgeable professionals, take advantage of all the information out there to help you make informed decisions about securing your trademark and copyright rights. Make sure to do your due diligence and protect yourself from future headaches by examining the relevant laws that apply to you and understanding how best to enforce those rights when necessary.