Common Trademark Mistakes

Parents will do anything to protect their children. Imagine this scenario. You are renovating your kitchen and everything is in disarray. The kitchen floor has been torn up, sharp broken tiles and rusty nails are widely scattered. Your feisty two-year old daughter is playing, and is running around here and there. She is in danger of stepping on a sharp nail. Would you leave her unattended? Every loving parent would voice a definite and loud "no!"

Unfortunately, entrepreneurs aren't always as vigilant in protecting with their own "brain-children," such as their potential trademarks (you were wondering about the connection, weren't you!). Creativity is often an intuitive process. The procedures for protecting and enforcing creativity are not. Trademark dreams can evaporate like smoke if you're not careful. Here are a few samplings of the common pitfalls that can harm your "baby."

1.Head in the clouds. Some entrepreneurs are so caught up in their own egos that they refuse to recognize that someone else may have beaten them to the chase. They spend lots of money in expensive marketing and logo design, on publicity materials and high-cost stationary, only to find that the trademark is no longer exclusive and is available to the competition. Each step of the growth process of your idea has to be in tandem with the monitoring of protection and enforcement. If you had to answer (1)am I protecting my creation? And (2) How? What will you answer?

2.Ensure a comprehensive search. Some small business owners are so caught up in their creativity that they do not acknowledge the possibility that someone may have beaten them to the post. Therefore, they do not search adequately, if they do it at all. Search through the database at the US Patent and Trademark Office but remember their purpose is to protect the integrity of existing trademarks that have been filed and registered with them. They will look at similar and identical marks. There are innumerable variations of a trademark, many of which are not registered, and by limiting your search, you stand the risk of being on the wrong end of a trademark infringement lawsuit.

3. Too much weight on domain names. A domain name is not identical to a trademark. Entrepreneurs wishing to set up a web identity will search for available domain names that match their trademark. Just because a domain name is available does not suggest the same for the trademark. There is no connection between the Trademark Office and the Internet Corporation for Assigned Names and Numbers. Just searching GoDaddy is not enough.

4. Using a descriptive of generic mark. Trademarks not only protect your products and differentiate it from that of another company, they also protect the consumer who can be confident of the source of their purchase. It is because of this that the Trademark Office looks closely at identical trademarks and similar marks Coming up with Pet Food as a trademark does not cut it, as there are innumerable brands of pet food. Pet food for Mature Cats is a little more defined, but is still too close to actually describing what the product is ' as opposed to distinguishing it from others in that category. But move to Meow Mix® Dry Cat Food, and you have the makings of an easily recognizable name and strong mark. Is yours a memorable trademark?

5. Failure to keep a lookout. Many small buiness owners feel thata their responsibilities end after the trademark Office has registered their mark. What they do not realize is that they have ton constantly monitor that no one is infringing on it, that is, using the trademark without authorization on the same or similar products or service. By failing to carefully monitor this, you stand to risk losing all the protection you have put effort into achieving. The responsibility rests with you to take action, including slapping infringers with a lawsuit, if deemed necessary, to stop further infringement. Are you keeping a steady lookout for infringers?

There are many angles to trademark protection and preservation. If you value your intellectual property, do not leave it vulnerable to danger by treating its protection lightly. Invest in an experienced attorney who will map out a strategy to protect and preserve your trademark.


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