4 "Must-Do" Steps to Protecting Your Trademark

Posted by gearhartlaw on April 24th, 2019

Part of securing and managing a trademark is being prepared to defend it. While your trademark lawyer in Philadelphia can help you in many ways, you have a responsibility to ensure your bases are covered as well. Here is what you need to be aware of and address before any opposition or infringement takes place.

Research

The key to avoiding opposition to a trademark is to take measures to ensure you avoid brand confusion. You need to know how your trademark may be perceived by someone with a similar mark. Additionally, you need to be able to defend your trademark, which means knowing why your mark is different and being able to define it is critical.

That requires a lot of research into the trademark, its artwork and any other mitigating circumstances pertaining to it. Using online tools is the best way to get started on that as is coordinating with your lawyer on a successful preparation strategy.

Register Everything

Part of the research is knowing your trademark better than you know yourself. That means you have to register everything about the mark you and your team can possibly think of in terms of trademark associations, affiliations and descriptions. The more detailed you get in this case, the less likely it is someone will file an opposition.

By everything, your company’s name, logo, slogan, and product names (including services) needs to be registered. All of that should be included in your application. Do not file until you have that worked out.

Register Social Media

Social media is fast becoming a major avenue channel. Make sure you register as part of your trademark application, any names, social media addresses, catchphrases use online and individual social media hashtags and handle. Grab a list of social media sites that you should register with from your lawyer and make sure each social media platform is covered.

Monitor Your Trademark

Make sure you actively track your trademark and any possible infringement. If necessary, utilize a research firm to help you keep track of all that is happening as it pertains to your mark. Do not be hyper-aggressive, but if you identify possible infringement, start the process of contesting it.

Finally, keep your trademark lawyer in Philadelphia on retainer and apprised of your trademark’s status. Follow their lead if you discover infringement, including attempting to settle a difference before escalating it. Taking that one step can often dissuade someone who does not have representation from defending their infringement.