3 Honest Trademark Mistakes and How to Fix Them
Trademark protection is so important in protecting your brand’s identity, reputation, and assets. But…we know honest mistakes happen.
The good news is, if you catch them early enough, there are pretty easy solutions. If you wait too long though, the mistakes are often much more expensive to fix.
Here are 3 common trademark mistakes and how to fix them:
Mistake 1: Failing to Register Your Trademark
The Mistake:
A lot of businesses neglect to register their trademarks. Operating without a registered trademark exposes your business and brand to so many risks, including potential infringement and forced rebrand. This decreases the value of your brand and your investment in it.
Trademark infringement cases usually start at around $50,000.00, which can significantly decrease the value of your business. This is why we recommend trademarking your brand as soon as possible. That way, you can protect your business from infringement lawsuits and prevent others from infringing on your brand.
How to Fix It:
1. Consult with a Trademark Attorney: Seek advice from an experienced trademark attorney. An experienced trademark attorney can help you determine if your mark is eligible for registration and guide you through the application process.
2. File a Trademark Application: If your mark is eligible for registration, have your attorney file a trademark application with the U.S. Patent and Trademark Office (“USPTO”). Once your application is registered, you’ll have exclusive rights to your brand elements for your products and services.
Mistake 2: Using a Mark that Someone Else Already Has the Rights to
The Mistake:
Another common mistake is using a brand name or trademark without conducting a proper search to make sure that no one else has prior rights to it.
Many companies mistakenly believe that running a Google search is sufficient as a trademark search, when in reality, proper trademark searches are very comprehensive and in-depth.
How to Fix It:
1. Conduct a Trademark Search: Hire an experienced trademark attorney to run a comprehensive trademark search to check if your branding is already registered or in use by someone else.
If you learn that the branding you’ve been using is already protected by someone else, your trademark attorney can help you determine the best course of action moving forward, which could involve rebranding or negotiating a coexistence agreement.
Mistake 3: Inconsistent Trademark Use
The Mistake:
Inconsistency in using your trademark can weaken its distinctiveness and expose it to potential challenges.
How to Fix It:
1. Review Your Branding Materials: Run periodic audits of your branding materials, including your marketing collateral, packaging, and online presence, to make sure you’re using your branding consistently.
2. Create Brand Guidelines: Create comprehensive brand guidelines that outline how to correctly use your trademarks and branding materials. Make sure your employees and anyone else handling your branding has a thorough grasp on your brand guidelines.
3. Educate Your Team: Train your team members and partners on the importance of consistent trademark use and make sure they have the tools and knowledge they need.
4. Consult With a Trademark Attorney: If inconsistencies have already caused issues, consult with a trademark attorney to address any challenges and protect your brand’s integrity.
Trademark mistakes can happen to any business, but addressing them early will help you maintain strong brand protection.
If you haven’t registered your trademarks, failed to conduct a trademark search, or allowed inconsistent use of your trademarks, there are solutions to fix these honest mistakes. Just remember, the earlier you fix these mistakes, the better.
Remember, proactive trademark management is a necessary part of protecting your brand’s identity and reputation.
Are you ready to stop worrying about whether your brand’s protected? Click the button below to schedule your discovery call now.
