Posted on January 22, 2010.
Common Mistakes brands - Exposed! Copyright (c) 2009 apply to the business lawyer
Imagine this: you are renovating your home ... and it looks like a bomb just click on: sawdust and chips of plaster is everywhere, son and cables snake along the ceiling and baseboards open, cracked tile fragments carpet and the bathroom kitchen. You have a 7 month old who is a dynamo crawl. Would you leave her alone in the middle of the living room to fend for itself? Of course not. I venture a hypothesis that not one of you readers to think for a moment to leave Baby there unprotected (at least I hope!). Keep your child safe from harm is paramount.
If entrepreneurs are equally vigilant in protecting children from their intelligence, their brilliant ideas, thanks to the protection of intellectual property such as trademarks. Being creative and being able to think outside the box is a right brain, intuitive process, but the procedures to protect your genius or the next big idea requires methodical research and monitoring. Otherwise, your creative dreams could disappear. These are some of the most common errors.
1.Rushing in. Many entrepreneurs are so caught up in the creative impetus to invest heavily in expensive promotion, advertising and marketing without first checking their trademark protection. It is too late when they realize that the mark is in the public domain or someone else has beaten them to the idea. You have to match each step of joy to see your baby "grow" with close monitoring. Small business owners should ask themselves two questions at each stage - (1) can I protect what I create? (2) ow do I do that? Do you have answers to these questions?
2.Is original? Small business owners can be so busy with their own enthusiasm that they fully support a belief, sometimes wrongly, that the mark is quite original. Thus, they fail to do adequate research, or any research. Any review by the U.S. Patent and Trademark Office is inadequate because the database only contains information filed and registered with the Trademark Office and may be many similar expressions of brands that are not registered . The Trademark Office reviews and similar marks accurate and you must take care that you are not infringing someone else's brand name or by choosing a design which is too similar. At any stage of your business, you do not want to expose you to a lawsuit for trademark infringement against your company. Make sure the search is complete and thorough.
3. Too much weight on domain names. A domain name is not identical to a trademark. Contractors wishing to establish a Web identity research available domain names that correspond to their trademarks. Just because a domain name is available does not suggest the same for the brand. There is no link between the Trademark Office and the Internet Corporation for Assigned Names and Numbers. Just search GoDaddy is not enough.
4. Designing a generic or descriptive mark. One brand, product, or service mark for services, is to be able to separate your products or services from that of a competitor. It is through this that the Trademark Office examines both exact and similar marks. Using a generic name like detergent is not enough to distinguish your product from another. Liquid detergent is a step in right direction but it is too generic a description. However, Tide ® detergent is very characteristic, because the word "tide" is usually not associated with a detergent. Yours is a hallmark?
5. The lack of supervision. Once you have a brand, you must protect it or risk losing it. Registering your trademark with the Trademark Office is not the end of the road. You must constantly look for offenders who are misusing your brand. Infringers are those who use your brand without permission.