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5 Easy Ways to Protect Your Brand

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Building and maintaining a brand isn’t easy. It takes time, hard work, and focus. So, protecting those investments in your brand makes sense. Still, many small businesses overlook the crucial first step – securing their trademark.

Trademarks are devices that businesses use to identify their products and to distinguish them from competitors. Sure, they identify and differentiate your products. But, more importantly, they represent your brand, which is the promise to your customers that builds brand loyalty.

The single best way to protect a trademark is Federal registration. Federal registration helps block the registration of other marks that are similar to yours. It also allows use of the ® symbol and may even help stop cybersquatters from registering similar domain names. But, that process can take several months – it involves the Federal government after all!

Still, you don’t have to sit idle. Here are five actions you can take right now to protect your good name and brand:

    1. Create a Google Alert for your business and product names
    2. Secure your domain name – even if you don’t have a website
    3. Claim your social media identity
    4. Confirm that you’ve picked names and logos that trademark law will protect
    5. Apply for a Federal Trademark Registration before you start using your brand

 

1. Create Google Alerts

An easy and free way to monitor for copycats is to set up a Google alert for your business and product names. If you discover a possible infringement, contact the offender. Alerts can also help keep informed about competitors if you set them up that way. See www.google.com/alerts for more information.

Tip: A Google alert will also help you maintain the health of your brand by alerting you to online comments about it.

 

2. Secure the Domain Name – Even if You Won’t Have a Website

If you want to spread brand awareness, keep customers up-to-date with the latest happenings or simply have potential customers learn more about your brand, then you’ll need a website. Securing a domain name that incorporates your trademark is one of the most effective and cost-effective ways to protect your brand. Even if you do not expect to have a website, it is always better to have the option and to prevent others from taking your domain.

Tip: When choosing a domain name pick one that is unique, short, easy to remember, easy to type. Also, consider purchasing .com, .net and .org versions for branding. This will prevent anyone else from riding your coattails.

 

3. Claim Your Social Media Identity

It’s a good idea to claim a Facebook page and Twitter name early in the naming process. It is hard to oversell the importance of social media.

Tip: Set up a vanity URL for your Facebook page. Facebook will award a vanity URL once you’ve got 25 fans or “likes.”

 

 

4. Be Sure You’ve Selected a Name Trademark Law Will Protect

Trademarks are not created equal. They are subject to varying degrees of protection based on their “distinctiveness,” which is their ability to indicate source. A generic name will receive less protection than a name that is unique (e.g., “Uber” will receive very strong protection, while “car service” may not even be eligible). Also, common words may also receive strong protection if they are abstract or meaningless in context (e.g., Apple for computers or Amazon for e-commerce).

Tip: The more creative your mark is, the greater the odds that it is “distinctive.”

Read more about protectable trademarks here.

 

5. Apply to Federally Register Your Trademark BEFORE You Use

Registration with the U.S. Patent and Trademark Office is a critical step to protect any brand. In the old days, trademark owners were forced to wait to apply applying for Federal registration until they began using their marks. No longer! Today, the they can file applications before they start actual use.

Tip: Federal registration adds your mark to the Federal trademark database, which is the primary resource for trademark searches. This reduces the chances of a competitor unknowingly picking a name that is close to yours.

Read about trademark registration here.

 

Bonus Tip – Conduct Internet Searches for Your Name

Web searches and domain name searches can alert you to any existing use. Be sure to use several different search engines because they use different algorithms to collect and present search results. Also, search for names with and without quotation marks. This will get the most out of the different search algorithms used by the different search engines.

 

Ready to take the next step toward LEGALLY owning your Brand?

You worked hard to build your brand, and a trademark ensures you’re the only one who can profit from all of that work. Every brand has the potential to become extremely valuable, including yours. Trademark it and profit from it—it’s your right!

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your YouTube Channel Brand, we invite you to book a FREE brand protection strategy session with us here.

 

7 Surefire Strategies to Protect Any Brand

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Your business’s brand may not be as well-known as Coca-Cola or Google or Netflix, but it is still important.

After all, your brand is WHO you are, WHAT you do, and WHY you do it. If you plan on being in business for any amount of time, you’ll be building a brand.               

And remember, people don’t have relationships with products; they are loyal to brands. That’s why protecting your brand is so important.

But, with the rise of the Internet, brand names are increasingly at risk of being infringed upon, whether purposely or inadvertently, or even stolen.

You DO NOT have to sit idle and hope for the best. There are definitely things you can do right now to protect your brand!

 

Seven Ways to Protect Any Brand

    1. Pick compelling names and logos you can protect
    2. Register your name and logo with the U.S. Patent and Trademark Office
    3. Secure the domain name for your brand
    4. Use your brand the right way
    5. Claim your brand identity on social media
    6. Monitor your brand’s reputation
    7. Deal with infringement immediately
    8. Maintain your trademark registration(s)

 

1. Pick compelling names and logos you can protect

There’s no one-size-fits-all formula for picking great names and logos. The best ones balance a host of considerations — some as evident as the kind of business you do, others as unique as your personal taste and style. There are, however, a few guidelines that will steer you in the right direction. The best business names are:

  • memorable
  • distinctive
  • easily spelled and pronounced
  • web-friendly.

Perhaps most importantly, however, be sure to pick names and logos that can be strong trademarks.

How? Here are some suggestions:

a. Do an Internet search and a trademark search to see if someone else uses your new name or logo. If there is already a competitor in your space using a name or logo that is the same or similar to yours, you would be wise to pick new ones. In addition to investing in a brand that you probably won’t be able to protect, you may expose your new business to a claim of trademark infringement. Besides, if the name and logo are popular, it will be next to impossible to stand out from the competition.

b. Pick a name and logo that compliment each other. Complimentary names and logos cooperate to form the foundation of brands.

c. Pick a name or logo that can qualify for trademark protection
Trademarks represent brands. The three most common trademarks of a business brand are:

    • Names: usually, your company name or the name of your product.
    • Logos: your company logo or other graphic used to brand your products
    • Phrases (slogans): the catchphrase used to sell your products.
      In most cases, names and logos are the cornerstones of a brand.

Trademarks protect brands by stopping competitors from using the same (or similar) name or logo for their products or services. When you protect your trademark, you protect the brand behind it.

But beware! All trademarks are not created equal. Some offer far more protection than others and are much easier to register with the U.S. Patent and Trademark Office (more about that below)

Tip: Try to be distinctive by picking names and logos that are unrelated to your products and services.  Think APPLE for computers or GOOGLE for Internet search engines.  These are the strongest trademarks and are the easiest to register. 

 Tip: Stay away from names and graphics that describe your product or service (e.g., “Bob’s lawn care” or “The Seafood Shoppe”).

Learn more about picking strong trademarks.

2. Register your name and logo with the U.S. Patent and Trademark Office.

If you rely on a trademark to sell products or services, you should register that trademark with the U.S. Patent and Trademark Office (the USPTO). It is a critical step to confirm your ownership of your brand. It stops competitors from registering your brand for their business and makes enforcing your rights easier.

In short, Federal trademark registration is the single best way to protect the trademarks that reflect your brand. There is no higher level of protection. So, it is the best insurance against having to rebrand.

Why?

Because only one company can own a brand for an industry, typically, it’s the one that gets the Federal trademark(s) for it first.

Plus, rebranding is painful and expensive. At some point, you might face a challenge from a competitor over your brand. If you haven’t registered your trademarks, you could find yourself in a battle over your brand.

Also, the USPTO will immediately begin rejecting applications for “similar” marks. So, registration will prevent competitors from registering other marks that are even similar to yours.

Plus, your trademark will show up in everyone’s clearance searches, which will deter competitors from starting to use similar marks.

In the end, Federal registration makes enforcement easier and less expensive because it comes with important and exclusive legal rights and options.

Tip: Working with an experienced trademark attorney and increase your chances of success at the U.S. Patent and Trademark Office by 50%. (The Wall Street Journal, When It Helps to Have a Lawyer, April 10, 2013). Plus, you’ll avoid overpaying the Government fees (they’re non-refundable).

Tip: Federal registration adds your mark to the Federal trademark database, which is the primary resource for trademark searches. This means your mark will appear in everyone else’s searches, which reduces the chances that someone will pick a name that is close to yours and unwittingly infringe on your brand.

Learn more about why trademark registration is so important for your brand.

 

3. Secure the domain name for your brand.

If you want to spread brand awareness, keep customers up-to-date with the latest company news, or simply have potential customers learn about your brand, then you need a website.

A domain name is the web address that identifies a website. For example, the domain name for Google’s search engine is google.com.

Tip: Always consider purchasing your domain name with alternate extensions, such as .net, .biz and .org, in addition to .com. This will prevent anyone else from riding on your coattails.

Domain names are an essential part of a modern business brand. As soon as you come up with your business name, it’s important to stake your claim to the domain for it.

Even if you’re not planning to build a website right away, you need to lock up the domain. If you don’t, your customers will always have difficulty finding you online. Worse, the domain name that you want – the one that goes perfectly with your brand – could be held hostage by a cybersquatter. It takes time and money to free a domain held hostage.

A common misconception about domains is that they come with trademark rights. They do not.

Here’s why.

In contrast to trademarks, domain names do not identify the source of goods and services. Also, domain names are registered through a domain registrar (like GoDaddy), while trademarks are registered through the U.S. Patent and Trademark Office.

You can bridge the gap between the two, however, by securing a domain name that includes your trademark. So, if you sell BIG MAC sandwiches, then a domain bigmacsandwiches.com should be a priority.

Tip: Set up automatic renewal on your registrations so that you don’t inadvertently lose them due to non-renewal.

 

4. Use your brand (the right way).

The more you use your trademarks – brand names, logos, and slogans – the stronger and more distinctive they become and the more your likely customers are to remember your brand.

Tip: If your trademark is a name or catchphrase/slogan, be sure to set the words off from other text with a distinctive font, ALL CAPS, bold, italics, or underlining.

Plus, the more you use your trademarks, the more proof you will have that they belong to you.

For example, an e-commerce business can put its logo on shipping boxes, packaging, and packing slips. A retailer can have employees wear shirts with the store’s logo on them. An online store can include its name and logo in the website header. All businesses can use their trademarks on social media, too.

Tip: Use the right trademark symbol. There are three: TM, SM, and the letter R in a circle — ®. The TM and SM symbols are used with unregistered marks. The Federal registration symbol, or ®, is reserved only for marks registered in the U.S. Patent and Trademark Office.

But be careful! It is critically important to use the exact trademark that you registered. If you use different versions of a logo, for example, it will be much harder to prove that it is your trademark.

Read our guide about trademark symbols.

 

5. Claim Your Identity on Social Media

Social media is an important marketing tool, and that won’t change any time soon. So, it is important to own all of the social media handles associated with your company and its brands. If you don’t, they may be at risk. Ironically, a company can own the business name (e.g., via LLC formation in your specific state) but may not have much recourse against a competitor that has secured the same business name on social media. The saying “the early bird gets the worm” was never more true!

The easiest way to protect social media handles is to trademark your company or brand name. This is because social media services like Facebook, Instagram, and Twitter have policies to protect brands against abuse and infringement – so long as you can establish ownership and valid rights. Federal trademark registration makes establishing ownership and validity mere formalities.

Trademark registration also expands protections in third-party online marketplaces like Amazon. The Amazon Brand Registry, for example, is an important and powerful brand protection tool. When you enroll, Amazon will look for and stop trademark violations. But Amazon restricts enrollment to Federal trademarks.

Tip: Set up a vanity URL for your Facebook page. Facebook will award a vanity URL once you reach 25 fans or “likes.”

 

6. Monitor your brand’s reputation

It is always a good idea to listen to your customers and stay aware of your reputation – especially online. Conversations about your company, products, and industry, whether on the web or social media, can be invaluable to building/improving the customer experience (and more sales).

Also, be proactive about testimonials – positive or not. Your responses can still frame the narrative about your brand.

Tip: An easy and free way to track what people are saying about your brand is to set up a Google alert. This will help alert you when someone else is using your business name, a similar name, or a similar trademark illegally, so you can take action quickly. See www.google.com/alerts.

 

7. Deal with infringement immediately

Every business has at least one common law trademark. As a trademark owner, it’s up to you to monitor and protect your trademarks – or risk losing them. The U.S. Patent and Trademark Office, for example, does not get involved with enforcement, and multiple users of an unregistered trademark can render it unprotectable by anyone.

Tip: When you find that a competitor is using your trademark or one that is really close, talk with an experienced trademark attorney. You may need to send a “cease and desist” letter.

 

8. Final thoughts

Building a brand takes hard work, and a trademark ensures that you’re the only one who can profit from all that effort. Plus, it makes all of the other important brand protection steps on social media and the web much easier. Remember – the very same tools and strategies that Google, Apple, Nike, and Coca-Cola use to protect their brands are available to you – if you know what they are and how to use them.

 

Ready to take the next step toward LEGALLY owning your Brand?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your YouTube Channel Brand, we invite you to book a FREE brand protection strategy session with us here.

How to Copyright a YouTube Channel Name

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     By Michael Kondoudis, YouTube Trademark Lawyer

The correct way to protect a YouTube Channel name is with a trademark, not a copyright.  This article explains how and why a trademark can protect the name of a YouTube Channel.

 

Can you copyright the name of a YouTube Channel?

No, you cannot copyright the name of a YouTube Channel. Names, including the name of a YouTube Channel, do not qualify for copyright protection.  Examples of names that cannot be copyrighted include:

  • The name of an individual (including pseudonyms, pen names, or stage names)
  • The name of a business or organization
  • The name of a band or recording artist
  • The name of a product or service
  • The name of a character
  • A domain name or URL

The way to protect a name, including a YouTube Channel Name, is with a trademark. Read more about how to trademark Your YouTube Channel.

 

How do you copyright a YouTube Channel Name?

In short, you cannot copyright the name of a YouTube Channel. Names, including the name of your YouTube Channel cannot be copyrighted. But you can often TRADEMARK the name of a YouTube Channel. 

 

How do you protect a YouTube Channel Name?

The best way to protect a YouTube Channel Brand is to trademark the name, logo (artwork), and slogan that you use to promote it. Trademarks are the easiest and best way to protect any brand. Read more about when you can trademark a YouTube Channel.

 

Why should you protect the name of your YouTube Channel?

The name of your YouTube Channel is the cornerstone of your YouTube Brand, and branding on YouTube is as important as your content.  Trademarking your YouTube Channel Name will:

  • identify you as the source of your YouTube content
  • provide legal protections for your YouTube Channel Brand
  • help guard against imitations and copycats

Read more about why you should trademark your YouTube Channel.

 

Do you need help with your trademark?

Talk to an Attorney Today

What is a trademark?

A trademark is a signal to consumers that distinguishes the source of goods or services from one enterprise from those of others.  Trademarks represent and protect brands, including YouTube Channel brands. The most common trademarks are words (names), phrases, and logos. 

 

What is a copyright?

A copyright is a type of intellectual property that protects creative works, including performances, musical, and artistic works. Examples of copyrightable works include novels, songs, paintings, photography, and movies.

Since the name of a YouTube Channel is not a creative work, it does not qualify for copyright. Read more about the differences between trademarks and copyrights.

 

Register Your Trademark or Copyright

Federal registration of the name of your YouTube Channel ensures that it is protected.  And, working with an experienced trademark attorney maximizes your chances of success during the application process; maximizes your trademark protections; and minimizes how long it will take.  Learn why here.

For these reasons (and many others that are far beyond the scope of this article), the U.S. Patent and Trademark Office encourages applicants to work with a trademark attorney. So, do yourself and your business a favor. Hire an experienced trademark attorney. You’ll maximize your chances of success, minimize the risk of overpaying the Government for your trademark, get a better result, and save yourself time and worry.

TAKE THE NEXT STEP

Ready to LEGALLY own your YouTube channel?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in legally owning your YouTube channel name, we invite you to book a FREE brand protection strategy session with us here.

Trademark vs. Copyright – AN EASY GUIDE

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Trademarks protect brands from imitations.  Copyrights protect creative works from copying.

This is our new EASY guide to trademarks, copyrights, and the differences between them.  So if you want to understand how to use trademarks and copyrights to protect your hard work, then this guide is for you.

PART I: Trademark 

    • What is a trademark?
    • How do trademarks do?
    • What can be a trademark?
    • How do you protect a trademark?
    • Where do you register a trademark?

PART II: Copyright

    • What is a copyright?
    • What does a copyright do?
    • What can be copyrighted?
    • How do you protect a copyright?
    • Where do you register a copyright?
    • What goes into a copyright notice?

PART III: Differences Between Copyright and Trademark

PART IV: Trademark vs Copyright vs Patent

PART V: Frequently Asked Questions

PART I: TRADEMARKS

In this section, we’ll go over the basics of trademarks and what they protect.

What Is A Trademark?

A trademark is a distinctive word, phrase, symbol, or other “signal” that represents your brand identity. They tell customers which products or services come from your business. A trademark distinguishes your products (or services) from the competition and helps stop imitations. 

When you protect a trademark, you protect the brand that goes with it.

What Does A Trademark Do?

Trademarks represent brands. A trademark tells customers which products or services come from your business. So, trademarks help customers identify your business as the source of a product or service. A trademark individualizes a product or service and differentiates it from the competition.

• Trademarks help customers find the products and services that they like, which helps make them repeat customers.

• Trademarks also help customers recommend products and services to their friends, which is free marketing.

• Trademarks convey stability and trust and tap the human preference for visuals, which makes your marketing more effective and less expensive.

What Can Be A Trademark?

Almost anything that identifies and distinguishes a business’s products or services can be trademarked, including  words, names, phrases, symbols, designs, sounds, characters, colors, and color schemes, so long as they are used as a brand. 

The most popular types of marks are names, logos, and slogans because they represent brands so well.

How Do You Protect a Trademark?

The best way to protect a trademark is to register it and get a Federal Trademark. 

Where Do You Register a Trademark?

The U.S. Patent and Trademark Office (USPTO) registers trademarks. To get a trademark registration, you need to apply to the USPTO and then navigate an examination process. Trademark registrations are granted by the USPTO.

PART II: COPYRIGHTS

In this section, we’ll go over the basics of copyrights and what they protect. 

What Is A Copyright?

A copyright protects creative and artistic works like songs, books, photographs, movies, and performances.  Copyrights ensure that artists and creatives are rewarded for their artistry.

A copyright gives you the exclusive right to use a work in a variety of ways: including:

    • Reproducing the work
    • Preparing derivative works based upon the work
    • Performing the work publicly
    • Displaying the work publicly

What Does A Copyright Do?

Copyrights empower authors and creatives to control how their artistic works are reproduced, distributed, performed, and displayed.

The primary purpose of copyrights is to encourage and reward authors and creatives. By protecting creative works, artists and creatives are encouraged to create new works.

What Can Be Copyrighted?

Almost any artistic or creative work can be copyrighted.  They protect against unauthorized copying of creative works. Examples of artistic and creative works that can be copyrighted include:

  • Books, novels, and stories
  • Poems
  • Photographs and paintings
  • Movies and videos
  • Song lyrics and sheet music
  • Sound recordings

How Do You Protect A Copyright?

Copyright protections are automatic.  They begin the very instant that you create an artistic work.  This means you do not need to register your work for it to be protected. But unregistered works may be difficult to protect if they are copied, and you can only file a copyright infringement lawsuit if your copyright is registered. So, while registration isn’t required for copyright protection, registration with the U.S. Copyright Office is usually a good choice.  

Where Do You Register A Copyright?

The U.S. Copyright Office, which is part of the Library of Congress, registers copyrights. To get a copyright registration, you need to apply to the Copyright Office and then navigate an examination process. Copyright registrations are granted by the U.S. Copyright Office. 

After applying to the Copyright Office, you should consider adding a copyright notice to your work.  It is not a requirement but is a good practice because it shows that you own the creative work and deters others from using it without permission. 

What Goes Into A Copyright Notice?

A copyright notice includes the following three items:

  • The copyright symbol © or the word “copyright”
  • The name of the copyright owner
  • The year of publication

PART III: DIFFERENCES BETWEEN COPYRIGHT AND TRADEMARK

In this section, we answer the question “what is the difference between copyright and trademark?”

A Difference Between Copyright And Trademark And Copyright

One difference between copyright and trademark is what they protect. Copyrights protect artistic, creative works of authorship such as plays, books, movies, and songs. Trademarks protect brands such as names, logos, and phrases.

Another Difference Between Copyright And Trademark 

Another difference between copyright and trademark is how they are registered. Copyrights are administered by the U.S. Copyright Office, a part of the Library of Congress. In contrast, trademarks are administered by the U.S. Patent and Trademark Office.

Other Differences Between Copyright and Trademark

Additional differences between copyright and trademark is duration and legal protection. 

Copyrights last for the life of the author plus 70 years, while trademarks can last indefinitely, as long as they are renewed every 10 years. Also, copyrights give the owner the exclusive right to reproduce, distribute, and display their work, while trademarks only give the owner exclusive rights to use the mark in connection with their products or services.

Do you need help with your  trademark?

Talk to an Attorney Today

Top 7 Differences Between Trademark And Copyright

1. Trademarks protect brands, copyrights do not

2 Copyrights protect creative and artistic works, trademarks do not

3. Trademarks must be used in commerce, copyrighted works do not need to be used in commerce

4. Trademarks are administered by the U.S. Patent and Trademark Office, copyrights are not

5. Copyrights are administered by the Copyright Office of the Library of Congress, trademarks are not

6. Copyrights last for the life of the author plus 70 years, while trademarks can last indefinitely

7. Copyrights give an owner the exclusive right to reproduce, distribute, and display their work, while trademarks give an owner exclusive rights to use the mark in commerce

PART IV: TRADEMARK VS COPYRIGHT VS PATENT

In this section, we compare protections of trademarks vs. copyrights vs. patents.

Patents, copyrights, and trademarks are different types of intellectual property. Each one offers different protections for different types of intangible properties (i.e., brands, creative works, and inventions). The distinctions among the three can be subtle, and often the same product or service may involve more than one of these intellectual property or “IP” rights.

The key to understanding the differences between trademarks, copyrights, and patents is in what they protect.

 

Trademarks protect brands.

Trademarks distinguish a company’s products from the competition and help customers find and rely on brands they know and trust.

Names, logos, colors, and even sounds can all be trademarks – if they are used to distinguish products.

Federal trademarks, the most common and most valuable type, are granted by the U.S. Patent and Trademark Office. They continue indefinitely so long as they are renewed.

 

Copyrights protect creative works.

Copyrights ensure that artists and creatives are rewarded for their artistry.

Novels, movies, poetry, photographs, songs, and even computer software can be protected by copyrights.

Copyright protects the form of expression (e.g., words) rather than the mode of expression (i.e., paper).

Copyrights are administered by the Copyright Office of the Library of Congress.

 

Patents protect inventions.

Patents help encourage inventors to keep inventing.

Patentable works include “new” and “useful” machines, industrial processes, chemical compositions, and even some plants. There are two main types of patents:

(1) Utility patents for how something works (e.g., machines, articles of manufacture, or compositions of matter);

(2) Design patents for how something looks (ornamental features).

Patents are granted exclusively by the U.S. Patent and Trademark Office in exchange for public disclosure of the invention in the patent document.

PART V: FREQUENTLY ASKED QUESTIONS ABOUT COPYRIGHT VS TRADEMARK

In this section, we answer frequently asked questions about copyrights vs. trademarks .

1. Do you trademark or copyright a logo?

You trademark a logo.  Logos are trademarked.  You protect a logo by trademarking it. With a logo trademark, you can prevent competitors from using your logo in connection with their products or services. Logos are not copyrighted.

If you have a logo, and you want to protect it, then you need a trademark.  Famous examples of trademarked logos are the McDonald’s “Golden Arches” and the Nike “Swoosh.”

When a logo is trademarked, competitors will not be permitted to offer products or services under the same logo or anything similar.

Logo = trademark

 

2. Do you trademark or copyright a name?

You trademark a name.  Names are trademarked.  You protect a brand name by trademarking it. With a name trademark, you can prevent competitors from using your name in connection with their products or services. Names are not copyrighted.

If you have a product and want to protect the name, you would need a trademark.  Famous examples of name trademarks include IPHONE® and BIG MAC®.   

When a name is trademarked, competitors will not be permitted to offer products or services under the same name or anything similar.

Name = trademark

 

3. Do you trademark or copyright a business name?

You trademark a business name.  Business names are trademarked.  You protect the name of a business by trademarking it. With a name trademark, you can prevent competitors from using your business name in connection with their products or services. Business names are not copyrighted.

If you have a business and want to protect its name, you would need a trademark.  Famous examples of trademarks for business names include GOOGLE®, APPLE®, and COKE®.

When a business name is trademarked, competitors will not be permitted to offer products or services under the same name or anything similar.

Business name = trademark

 

4. Do you trademark or copyright a phrase?

You trademark a phrase.  Phrases are trademarked.  You protect a phrase by trademarking it. With a trademark, you can prevent competitors from using your phrase in connection with their products or services. Phrases are not copyrighted.

If you have a service and want to protect a phrase that you use to brand it, you would need a trademark.  Famous examples of trademarks for phrases include DON’T LEAVE HOME WITHOUT IT® and WHAT’S IN YOUR WALLET?®.

When a phrase is trademarked, competitors will not be permitted to offer products or services under the same phrase or anything similar.

Phrase = trademark

 

5. Do you trademark or copyright a slogan?

You trademark a slogan.  Slogans are trademarked.  You protect the slogan of a business by trademarking it. With a trademark, you can prevent competitors from using your slogan in connection with their products or services. Slogans are not copyrighted.

Well-known examples of slogans for businesses include and Apple’s THINK DIFFERENT® and McDonald’s I’M LOVIN’ IT®.

When a slogan is trademarked, competitors will not be permitted to offer products or services under the same slogan or anything similar.

Slogan = trademark

 

6. Do you trademark or copyright a stage name?

You trademark a stage name.  Stage names are trademarked.  You protect a stage name by trademarking it. With a stage name trademark, you can prevent competitors from using your stage. Stage names are not copyrighted.

If you have a stage name that you want to protect, you would need a trademark. Famous examples of trademarks for stage names include LADY GAGA, DRAKE, SPIKE LEE.

Stage name = trademark

How We Secure Trademarks for Our Clients

Ready to legally own your trademark?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your character, we invite you to book a FREE brand protection strategy session with us here.

Which Trademark Symbols Should You Use? – In Plain Language

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registered trademark symbol

If you have a Federal trademark registration, you should use the letter R in a circle — ®. Otherwise, you should use TM or SM.  Trademark Symbols matter.

 

Knowing which trademark symbol you should use (and when to use that symbol) can be confusing. There are different symbols for different types of trademarks. This blog answers these questions – in plain language.  This post discusses and answers the following important questions:

  1. How many trademark symbols there are
  2. What the different trademark symbols mean
  3. When to use each of the different trademark symbols

 

How many trademark symbols are there?

There are three trademark symbols. 

 

What are the different trademark symbols? 

The three trademark symbols are:

  1. the small capitalized letters TM
  2. the small capitalized letters SM, and
  3. the letter R in a circle — ®

 

Which trademark symbol should I use?

It depends on whether you have a federal registration for your trademark.  Read about all of the advantages of Federal trademark protection here.

If you have a federal registration for your trademark, then you can and should use the ® symbol, which is sometimes referred to as “the circle r.” The ® is the most recognizable trademark symbol and signals that a trademark is protected by federal law.

If you DO NOT have a federal registration for your trademark, then you should use the TM or SM symbols next to your trademark.  This includes while your application for federal trademark registration is pending at the U.S. Patent and Trademark Office (USPTO).  Until the USPTO issues your official registration certificate, you should not use the ® symbol.

A word of warning.  It is unlawful to use the R if you have not registered your trademark with the U.S. Patent and Trademark Office. So, just don’t do it.

 

 

 

What does the TM trademark symbol mean?

The TM symbol is short for trademark. The TM symbol is often seen in superscript like this: TM If your brand is for a product (toothbrushes, t-shirts, mobile apps), you should use the TM symbol.

 

What does the SM trademark symbol mean?

The SM symbol is short for service mark. The SM symbol is often seen in superscript like this: SM If your brand is for a service (accounting, landscaping, entertainment), then you should use SM.

 

What does the ® trademark symbol mean?

The ® symbol is short for registered trademark. This symbol can be used with any type of registered trademark, including names, logos, phrases, and slogans.  Read more about when and how to use Trademark Symbols here.   

 

Ready to take the next step toward LEGALLY owning your Brand?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your name, logo, or slogan, we invite you to book a FREE brand protection strategy session with us here.

Can You Trademark A YouTube Channel Name?

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Branding on YouTube is as important as content. You need to know how to protect both.

Can You Trademark YouTube Channel

By Michael Kondoudis, YouTube Trademark Attorney

Consistent branding, through your copy, images, and artwork, tells your story and the “why” behind your channel.  It is a powerful way to make a connection with viewers and subscribers. Branding is the key to attracting and retaining viewers and subscribers. The importance of protecting your YouTube Channel Brand cannot be overstated.

This blog answers the question: Can you use trademarks to protect a YouTube Channel?

If you need to know if trademarking can help you, read on.  This guide is for you.

Let’s get started!

Can You Trademark a YouTube Channel?

Yes, you can trademark a YouTube channel. A YouTube Channel is an entertainment service, which is protectable by trademarks. So, you can trademark your YouTube Channel name, logo, and slogan used to promote your YouTube channel.

®  Want help with your trademark?  

Free Introductory Call

Do You Need to Trademark a YouTube Channel Name?

Yes, you need to trademark the name of your YouTube Channel. YouTube is becoming more popular every day.  Great names for great channels are very valuable.  If you do not protect the name of your YouTube Channel, anyone can use it and possibly even steal it.  If that happens, you would be forced to rebrand.

What Parts of a YouTube Channel Brand Can Be Trademarked?

The name, logo, or slogan used to promote your YouTube channel can be trademarked.

It is helpful to think of a YouTube Channel like a television network. After all, both provide audiovisual entertainment. Television networks like ABC, CBS, and NBC trademark their names, their logos, and their slogans (e.g., “proud as a peacock” or “must-see tv”).  So, you can (and should) do the same with your YouTube Channel Brand.

Read why trademarks are the ultimate protection for any brand.

What Parts of a YouTube Channel Cannot be Trademarked?

Not every part of a YouTube channel can be trademarked.  You cannot trademark content, such as videos and photos. Trademarks protect how you identify and promote your content. A trademark will not prevent another YouTuber from creating videos that are similar to yours. 

But, there is good news.  YouTube provides resources for content creators to file copyright complaints to stop unauthorized use of your content. 

We make trademarks easy!

Free Introductory Call

How Do You Trademark a YouTube Channel?   

To trademark a YouTube Channel name, logo, or slogan, you need to apply to the U.S. Patent and Trademark Office.  Learn about how here. 

A word of warning – filing an application starts a Federal legal proceeding that can be very confusing and complicated.  For this reason, and many others, the U.S. Patent and Trademark Office recommends that you work with a trademark attorney.  Learn why.

When Should You Trademark a YouTube Channel?

Most experts agree that you should trademark a YouTube channel brand earlier rather than later. If you plan on investing your valuable time, energy, and creativity into building a YouTube brand, if it generates a decent amount of income, or you are interested in live streaming, you should trademark your YouTube Channel name as soon as possible. 

Condensed Summary

When It Comes to YouTube Channel Names, Trademarks are Your Best Friend

The answer is clear – you trademark a YouTube channel name. Trademarks are specifically designed to protect brand identifiers like YouTube channel names, logos, and slogans.

The U.S. Patent and Trademark Office (USPTO) accepts applications to trademark YouTube channel names, and applicants register trademarks for YouTube channel names every day. Trademarking a YouTube channel name offers stronger and broader protection, ensuring that you have the exclusive legal right to use the mark and prevent the use of any mark that is identical or confusingly similar to your trademark.

 

When It Comes to YouTube Content, Copyrights are What’s Called For

You copyright YouTube content, like vidoes. Copyrights shield creative and expressive works like movies, TV shows, songs, and plays from copying.

 

Why Trademark a YouTube Channel Name Instead of Copyrighting It?

Trademarks protect brands, like names of YouTube Channels.  Copyrights protect expressive and creative works, like YouTube videos and other content.  So, you trademark the name of a YouTube Channel and you copyright the vidoes you put on your channel. 

 

Summing Up: Trademark Your YouTube Channel Name for the Best Protection

So there you have it! Next time someone asks you whether to copyright or trademark a YouTube channel name, you can confidently tell them to go for a trademark registration. This option provides stronger and more comprehensive legal protection for business owners looking to safeguard their YouTube channel names and brand identifiers.

Take the Next Step and Legally 

Own Your Trademark

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Seven Killer Ways to Brand Your YouTube Channel

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It can be a hard truth to accept. YouTube audiences have short attention spans.  Even though you make entertaining and valuable content, you will still miss subscribers and views – unless you do one thing.  What is that one thing?  You need to develop and nurture your YouTube brand.

 

Why Do You Need to Brand Your YouTube Channel

To increase views and subscribers and, later, sponsorship revenue and live streaming opportunities. Branding makes it easier for viewers to find and identify your content. The easier you make it for visitors to quickly find and identify your content, the more likely they are to discover your content and subscribe.

 

How Do You Brand a YouTube Channel? 

The good news is that developing and nurturing your YouTube Channel brand does not have to be complicated.  Here are seven tips that will help you grow and protect any YouTube Channel Brand:

1. Choose a protectable name

2. Use a stylized channel banner

3. Make a channel trailer

4. Use consistent, custom thumbnails and profile pictures

5. Use a video bumper with a name and/or logo

6. Organize your content into playlists

7. Use the correct trademark symbol

8. Consult a trademark professional

 

1. Choose a Protectable Name for a YouTube Channel

Picking names that cannot be trademarked is the #1 mistake YouTubers make when naming their channels.  By picking unprotectable names, many YouTubers discover too late that their brands are at risk.

The hallmark of a trademark is that it is a “source identifier” for a product.  On YouTube, the product is content and the sources are content creators.  So, on YouTube, avoid names that describe the subject matter of your videos.  For example, a YouTube channel about hiking should not be named “The Hiking Channel.” A channel about vintage cars should not be named “Vintage Cars.” 

Read more about how to pick a strong trademark here.

 

2. Make a Customized YouTube Channel Banner

A YouTube Banner is the large banner that goes across the top of your channel page. A banner visually communicates a channel’s brand and personality.

Channel banners are prime real estate. They can do much more than just show off logos and graphics. Use yours to start educating your viewers on what kind of channel you are, how often you upload, and share helpful links. This will help viewers understand what to expect from your content and the value your channel presents.

Remember that your banner is the first impression that visitors get when they visit your channel home page.  So, use an image that represents your channel. 

Tip: You can brand your banner by either including your logo or creating a unique image in the same color palette that you use in your other marketing material. Your channel art should be attractive and consistent with your brand. Canva is a great resource for making banners.

 

3. Make and Enable a YouTube Channel Trailer

A trailer is a video that appears when someone visits your channel. In many ways, it is like a personal greeting to visitors to your channel.  A Channel Trailer helps people quickly learn about your YouTube channel. This trailer is automatically displayed at the top of a YouTube Channel Page for non-subscribed visitors.

A channel trailer is an opportunity to almost personally shake the hand of every viewer who comes to your YouTube channel, capture their attention, explain your cause, and earn their attention.

Remember that a majority of your visitors will only visit your channel home page once, YouTube statistics show. So, create a short video keeping first-time visitors in mind. A simple formula to follow would be to introduce yourself, explain your channel, describe the type of content you upload, and how often you upload.

While there’s no perfect length for a trailer, YouTube recommends keeping your channel trailer “short.” YouTube marketing experts recommend that you limit the length of your trailer to 30-60 seconds.

Enabling a YouTube channel trailer takes just four steps. 

  1. Sign in to YouTube Studio.
  2. From the left menu, select Customization. Layout.
  3. Under Video spotlight, click ADD and select a video for your channel trailer.
  4. Click Publish.

 

4. Use Consistent, Custom Thumbnails and Profile Pictures

YouTube is about more than just video content.  Images play an important role. Consistent, custom thumbnails essentially stamp your content with your brand and help viewers find your content in search and suggested results. High-quality profile pictures, because they appear in more places than any other channel element, are indispensable.

Profile picture: Your YouTube profile picture makes the first impression people will have on YouTube, which may determine whether or not people click on your channel. 

If you are a company, consider using your logo or an image with your business name on it. If you are a vlogger, you can use your headshot. Just make sure that you use the same logo/headshot on your other social media channels and your website to maintain brand consistency. 

Thumbnail: The thumbnail is what YouTubers will see when your content is suggested to them. So, obviously, it matters. Also, keep in mind that the better it looks, the more people will click on your video and watch it.

 

5. Use a Bumper with a Name and/or Logo

This one may seem like overkill but remember that a new viewer will not be familiar with your channel and its content.  Even a simple 5-second bumper can be effective, and this practice has become widespread.  Don’t be shy – plug away! 

 

6. Organize Your Content into Playlists.

Playlists are a group of related YouTube videos grouped by topic or theme. When a user watches a playlist, the other videos in that playlist automatically play.

Playlists are important, and a lot of YouTubers don’t take advantage of this feature. Some of the benefits include:

  • giving a potential subscriber a look into the types of videos you create without having to watch them. 
  • making it easy to curate your content into different categories, which makes it easier for visitors to find the right content for them.
  • increased watch time because playlists automatically play all of the videos in that playlist.
  • improved video SEO because playlists can rank for keywords that your audience searches for on YouTube.

Tip: make a “best of” playlist.

 

7. Use the Correct Trademark Symbols With Your Channel Name, Logo and Catchphrase

Trademarks convey scale a gravitas by showing that you take your channel seriously.  Using the correct symbol is essential.  For a Federally registered trademark, you should use the ® symbol.

Learn all about trademark symbols and how to use them here.

 

8.  Consult a Trademark Professional

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your YouTube Channel name, we invite you to book a free brand protection strategy session with us here.

How To Trademark Your YouTube Channel – ALL YOU NEED TO KNOW

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The name of your channel is your brand. Trademarks protect brands, like YouTube channel names. If you want prevent anyone else from using it or taking it from you, you need to trademark it.

Trademark for a YouTube Channel

By Michael Kondoudis, YouTube Trademark Attorney

This is our ULTIMATE guide to how to trademark the name of a YouTube channel.

As a YouTuber, one of the most valuable assets you own is your name. It plays a crucial role in setting you apart from other content creators. All of your hard work, creativity, dedication and investment is tied to your name. That is what makes it so valuable.

But how do you safeguard this valuable asset? How do you protect the name of a YouTube channel?

That’s where trademarks come in.  Registering your YouTube channel name is the best way to protect it.

In this ultimate guide, we discuss protecting YouTube channels with trademarks and answer important questions about trademarking. In fact, this is some of the same information that we use to register YouTube channel trademarks for our clients. 

If need to learn about trademarking your YouTube channel name, then read on. This guide is for you.

Let’s get started!

CONTENTS

Part I: How do you protect a YouTube Channel? 

Part II: What is a trademark?

Part III: Which parts of a YouTube Channel can you trademark?

Part IV: How do you trademark a YouTube Channel?

Part V: Why should you trademark your YouTube Channel?

PART VI: Do you need trademark lawyer and why?

 

I. PROTECTING A YOUTUBE CHANNEL

How Do You Protect A YouTube Channel?

The best way to protect a YouTube Channel is to trademark the name, logo, and any slogan that you use to promote the channel. Trademarks protect brands, including YouTube Channel brands. Trademarking your YouTube Channel is the best way to protect it.

Can you legally protect your YouTube Channel name?

Yes, you can legally protect the name of your YouTube Chanel with a trademark. Trademarking your YouTube Channel name is official confirmation that you legally own it. Confirming the legal ownership of the name of your YouTube Channel ensures name recognition for your content.

How do you protect your YouTube Channel name?

The most effective way to protect the name of your YouTube Channel is to trademark it. Trademarking your YouTube Channel name will protect it by giving you exclusive rights to your channel name and preventing others from using the same or similar name.

Many YouTubers wonder if they can trademark the name of a YouTube Channel.

To be clear; the answer is YES. You can trademark a YouTube Channel name, and many YouTubers have! Trademarking the name of your YouTube Channel is the most effective way to protect it and the brand identity you’re building in your channel.

II. A BIT ABOUT TRADEMARKS

What is a Trademark?

A trademark is a badge of origin that distinguishes the source of goods (or services) from one enterprise from those of others.  The most common trademarks are words (names), phrases, logos, and designs.

The primary purpose of a trademark is to prevent consumer confusion by making sure that competitors do not use the same or similar name or symbol.

A Federal trademark is an enhanced trademark that has been certified by the U.S. government. It comes with exclusive nationwide legal rights.

Protecting a YouTube Channel Infographic

(click to download)

YouTube_Trademark_Infographic

III. WHICH PARTS CAN BE TRADEMARKED?

Which Parts Of A YouTube Channel Can You Trademark? 

The name, logo, or slogan that you use to promote your YouTube channel can be trademarked.  

A great example is the Youtuber MrBeast, with over 165 million subscribers. He has trademarked his unique name and logo for online content, clothing, and more.

U.S. Trademark No. 5,930,575 for MRBEAST Name

MrBeast Name Trademark Registration

U.S. Trademark No. 5,850,491 for MRBEAST Logo

MrBeast Logo Trademark Registration

RELATED: 7 Killer Ways to Brand a YouTube Channel.

Wondering if your YouTube channel is "Trademark-Ready"?

FREE Strategy Consultations • FLAT FEE Trademark Applications

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IV. TRADEMARKING A YOUTUBE CHANNEL

How Do You Trademark A YouTube Channel?

You trademark the name of your YouTube Channel by applying to the U.S. Patent and Trademark Office (USPTO) and getting your application approved for registration. Trademarking a YouTube Channel name is a legal process that usually takes about 12 months. So, the sooner you start trademarking your YouTube Channel name, the better.

Here’s how to start the process to trademark the name of your YouTube Channel:

  • Select a unique name and logo. Read more about how to pick a strong trademark here. 
  • Check whether anyone else has registered or applied to register the name and logo
  • Collect the required information and decide on a trademarking strategy
  • Prepare and file your new application (correctly) with the U.S. Patent and Trademark Office, or “USPTO,” for short.
  • Navigate the USPTO application review process, which takes several months.
  • Use the correct trademark symbol with your channel name.  Read more about trademark symbols here. 

     

The USPTO will grant your application and add your trademark to the list of Federal (registered) trademarks IF your application meets all of the requirements of the Federal Trademark Statute. If the USPTO does not initially grant your application (which happens over 80% of the time), you would need to respond to the reasons for the rejection.

When Should You Trademark A YouTube Channel?

Most experts agree that you should trademark a YouTube channel brand sooner rather than later. So, if you are serious about your YouTube channel, it generates a decent amount of income, or you are interested in live streaming, you should trademark the YouTube channel name as soon as possible. The urgency is even greater when your YouTube channel is established, and you are frequently creating and uploading videos.

Simply put, the sooner you file your trademark application, the better.

V. WHY YOU SHOULD TRADEMARK YOUR YOUTUBE CHANNEL

Why Should You Trademark Your YouTube Channel? 

Branding on YouTube is as important as content.

A trademark will prevent any other YouTube channel from using your name, logo, and slogan. This is an essential step in building your YouTube channel’s brand.

Trademarking your YouTube Channel confirms YOUR legal ownership of it and how it is used. Legal ownership means that no one can take it from you, and you won’t ever be forced to rebrand.

Also, trademarking your YouTube channel prevents other YouTubers from using your name, logo, and slogan for their channels.  This, in turn, ensures that your channel remains distinctive.

Plus, trademarking your YouTube Channel makes merchandising easier.  For example, the YouTuber PewDiePie (100+ million subscribers) uses his distinctive PEWDIEPIE name and his caricature logo to brand his channel. These brand elements protect the way that his content is identified and promoted. This protection can also extend to promotional materials, or even merchandise like clothing, though it’s probably a good idea to also file for a separate mark on merchandise if it is a major revenue stream.

Trademarking your YouTube channel is an essential step in building a specific brand identity for your channel. Building and protecting a brand identity makes it easier:

  • for your followers to find your newest content
  • to leverage your channel into merchandise like t-shirts, hats, and posters
  • to have profitable live streams and sponsorship opportunities.

If you don’t trademark your YouTube Channel, then you won’t have exclusive rights to it. Other YouTubers could use your name and logo or ones that are really close.

IMPORTANT UPDATE FOR 2023: YouTube has recently implemented a system to stop trademark infringement. YouTube already has policies that specifically prohibit infringement of registered trademarks. Now, YouTube has an automatic trademark infringement scanning service. Any videos that are found to infringe existing trademarks are blocked and channels suspended. More information about this system can be found here.

VI. DO YOU NEED A TRADEMARK LAWYER?

Do Have to Use a Trademark Attorney ?

No, but the U.S. Patent and Trademark Office strongly recommends that all applicants work with a trademark attorney – for several reasons. (see below).

USPTO Recommends Working With Trademark Lawyer

Why You Should Work With a Trademark Attorney

Filing a trademark application with the U.S. Patent and Trademark Office to register your YouTube Channel Brand starts a legal process that can get complicated, expensive and confusing.  Working with a trademark attorney can make the process go smoother, faster, and result in better protection. That’s why the USPTO strongly recommends you work with a trademark attorney.

USPTO Recommendation To Hire Attorney

Also, studies show that working with a trademark attorney can increase your chances of successfully trademarking your brand by over 50%.

Your YouTube Channel Brand is essential to your online success. Filing a trademark isn’t a simple process, but the protection it affords your brand is worth your time and effort. If you do it correctly, you can secure your brand for years to come.

Want To Protect Your Your YouTube Channel With A Trademark?

If you want to make sure your channel’s name or logo is 100% yours so one can use it or take it from you, we should talk. 

A lot of YouTubers trust us to protect their trademarks. 

You don’t have to fully understand trademarks for YouTube  – just that you want to protect yours. We can sort out the rest!

Request a free strategy call with ME

Why Should You Hire A Trademark Attorney?

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If you are considering applying for a trademark, either by doing it yourself or using a trademark filing service, please read this.

Working with a Trademark Attorney

There’s a lot of noise on the Internet about trademarks. Don’t be fooled – it’s more than just filling out online forms. That is only the first part of the process.

Trademarking involves making dozens of legal decisions and judgment calls – and you’re not likely to make all of the right choices. It’s very easy to make a filing mistake that you cannot fix later. This is why most attorneys stay away from trademarks! 

They know that when you apply for a Federal trademark, you start a Federal legal proceeding. They also know that the U.S. Patent and Trademark Office’s rules severely limit how you can change your application after filing.  That is why they send their clients to us.

How does a trademark attorney help?

  1. We’ll increase your probability of success by up to 50%.
  2. We’ll give you legal advice.
  3. The USPTO encourages you to hire a trademark attorney
  4. 80% of all applications require a response to an initial refusal.
  5. You’ll avoid overpaying the non-refundable USPTO filing fees.
  6. You’ll save time.
  7. You’re running a business, not learning trademark law.

1. We’ll increase your probability of success by up to 50%.

According to the Wall Street Journal, Federal trademark applications filed by trademark attorneys are 50% more likely to be approved than those filed by applicants on their own.

 

2. We’ll give you legal advice.

Although the USPTO will try to help you during the process, trademark examiners cannot give you legal advice. Federal law prohibits it. Without an attorney, you are on your own for the toughest decisions. Plus, you’ll need to comply with every statutory requirement and every USPTO rule – the USPTO cannot give you a break.

 

 

3. The USPTO encourages you to hire a trademark attorney.

Related to reason # 2 above. Federal trademarks are Federal legal proceedings. Plus, the USPTO’s rules are specific and unforgiving. It is very easy to file an application with a mistake that cannot be corrected.

 

Not every trademark attorney is registered with the USPTO.  We are. Contact us.

 

4. 80% of all applications require a response to an initial refusal.

An experienced trademark attorney can effectively respond to initial refusals to register your trademark. We know the Federal trademark statute and the USPTO’s rules and procedures.

 

5. You’ll avoid overpaying the non-refundable USPTO filing fees.

Some applications (those with many goods and services) can require over $1000 in USPTO filing fees. These fees are non-refundable. An experienced trademark attorney can make sure that you don’t pay for products and services that have little or no hope of being accepted.

 

6. You’ll save time.

The Federal trademarking process routinely takes between 8-12 months. Working with a trademark attorney can help ensure that you are closer to the 8-month timeframe and not the 12. USPTO trademark examiners are far more likely to negotiate with us, which speeds up approvals. Plus, we already know the laws and procedures to get applications approved.

 

7. You’re running a business, not learning trademark law.

Federal Trademark law is complex. The USPTO has too many rules and procedures to count. It takes years to learn how the trademarking process works. There are a lot of attorneys who can’t even do it.

Wouldn’t it be better to focus your skills where they’re needed most: running your business?

Do yourself and your business a favor. Hire an experienced trademark attorney. You’ll maximize your chances of success, minimize the risk of overpaying the Government for your trademark, get a better result, and save yourself time and worry. Your brand is worth it.

 

Trademark Registration Application

How to Handle Trademark Infringement

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How to Handle Trademark Infringement

Your brand is WHO you are, WHAT you do, and WHY you do it. It’s how consumers will first encounter your business. It’s the common thread throughout your marketing. Your website, business cards, and invoices all reflect it. That’s why brands are important.

Trademarks (name + logo + slogan) represent brands. Federal trademarks protect brands. If you discover that another company is infringing your trademark, you can and should take action to enforce your rights.

How should you handle trademark infringement?

1. Learn What You Can About Them

The first thing to do is to learn about them. Visit their website and social media pages. Grab screenshots. Take pictures of their products or advertisements.

You’ll want to find out:

  1. What they sell
  2. Where they sell it
  3. When they first used the brand
  4. Whether they have a Federal trademark

 

2. Keep it Off Social Media

You don’t want to post about it on social media. It can get you into legal trouble and won’t help.

We’ve seen defamation lawsuits that started when one company posted an Instagram story about another company stealing their brand. Handle it offline – away from your customers.

 

Trademark infringement is a complicated Federal legal matter. We can help.

 

3. Ask Yourself: Are They Too Close?

You’ll need to weigh whether they are using a trademark that is legally too close to yours. This test can get complex. Still, they’re probably too similar if they meet these three conditions.

You’ll want to be broad about what sounds and looks similar. For example, if the brands share a keyword, they may be too similar. Words like “Inc.” “The” or “And” won’t make a difference. You can ignore them.

You’ll also want to consider what the brands mean. If the brands allude to related feelings or even geographic locations, they may be too similar. The use of another language won’t make a difference. In the US, hello and “hola,” for example, are treated as the same.

You’ll want to be broad about what is a similar product or service.  They don’t need to be the same.  Even complementary products and services can be “similar” for trademark infringement.

For example, shirts and bags could be too similar because many stores sell both.

If their products and services can be sold in the same way that you sell yours, then they need to stay further away from your trademarks.

  
 

 

4. Know Your Trademark Rights

A (Federal) trademark gives you the exclusive right to use your name + logo + slogan.  This exclusive right extends to all 50 States.

This exclusive right extends to all trademarks that are “confusingly similar.” If (1) you have a Federal trademark, (2) the new brand is similar to (or the same as) your trademark, and (3) they started their business after you, then you can take steps to stop them. Keep reading to see what to do next.

If you don’t have a Federal trademark, you can’t stop them yet. You may still be able to trademark the brand and stop these copycats. Consider talking with an experienced trademark lawyer.

 

5. Get Legal Help to Handle Trademark Infringement

If you decide that someone is using a trademark that is too close to yours, contact a trademark lawyer to help you work through your many options.

Most trademark-infringement enforcement strategies start with sending a cease and desist letter addressed to the trademark infringer demanding that they stop infringement.  Many times, however, other options are preferable.  These include applying for a Federal trademark, sending a reservation of rights letter, or continued monitoring.

In the US, you are responsible for enforcing/protecting your trademark property rights. You can lose your trademark rights if you do not enforce them.

Trademark enforcement is not a DIY project. It involves Federal Statutes, legal analyses, and strategy.  Also, you may inadvertently say something that can be used against you.

Trademark Registration Application