How to Protect Your Brand with Trademarks
Hey there, entrepreneurs. It’s Daymond John “The People’s Shark” here and today, we're tackling something that's near and dear to my heart - protecting your brand, specifically your trademarks.
You see, your brand is crucial for your business. The formal definition of a brand is “a unique design, sign, symbol, words, or a combination of these, that creates an image that represents the sum of people's perception of a company.” Sounds like a mouthful, right? But it’s not that complicated. The best way I like to define a brand is: “what people say about your company when you aren’t in the room”. A little bit simpler, right?
Now a big part of your brand is the actual name of your business or product, and protecting that name with a trademark can help solidify long term success, something we are all striving for.
In a world where many prioritize patents and proprietary information, do not underestimate the power of trademarks. Take a look at me and the fashion brand I created: FUBU. What started initially as four simple letters across a t-shirt turned into a $6 billion fashion brand. Now, I didn’t create a moisture-wicking performance fabric that provided customers with a brand new type of shirt. And I definitely didn’t sew a third sleeve onto a shirt. Instead, I took this name FUBU, trademarked it, and pumped it full of value by aligning it not only with celebrities, artists and influencers, but with a culture, community, and movement people wanted to get behind. That trademark was FUBU’s single most valuable asset because now we could go into other product categories and expand our reach.
Now that we’ve established the “why”, let’s talk about HOW you should protect your brand. Personally, for FUBU, I found a great attorney to help me, and I’ve continued to consult a trademark attorney for various businesses throughout my career. Yes, getting a trademark registered can be expensive, but working with an expert like the ones at Rocket Lawyer can make the difference between getting your application approved or not. And with the Rocket Legal+ membership, you can get half off trademark services and work directly with a trademark attorney who will help you with the entire search and application process.
Now, you might be wondering “when’s the right time to do this”? Well, the best time to do it isn't when something goes wrong, but from the very beginning. The simplest reason is because when the United States Patent and Trademark Office, or USPTO for short, is reviewing applications, it prioritizes when a trademark application was FILED for registration purposes. For example, even if I’d filed a trademark application for the name “FUBU”, if someone else had filed for the trademark before me, I’d probably be out of luck.
So, it all comes down to laying a strong foundation for your trademark so that you’re protected if any infringement - or an unauthorized use of your trademark - happens. For example, if someone else tries to use your brand name or logo, causing confusion in the marketplace or cannibalizing sales.
So, let's dive into what you should do and how Rocket Lawyer can help.
First up, conduct a trademark search. It's like doing your homework before a big pitch. Make sure your mark isn't stepping on someone else's turf. And today, the USPTO makes it pretty easy to do that initial search on their website. For those that don’t know, the USPTO is a federal agency that’s responsible for granting patents and registering trademarks to individuals and businesses.
The USPTO’s database shows you all the trademarks that have currently been filed and issued. You’ll need to review the search results and gauge how difficult it will be to obtain the trademark you want. Be aware that the results can be tricky to interpret, so I recommend working with an experienced trademark attorney to walk you through the process. Rocket Lawyer offers just that and more at an affordable price - so be sure to check that out after you finish this video.
Next, register your mark with the USPTO. Registering your trademark is like staking your claim in the business world. This step gives you the legal muscle to defend your turf. Something to keep in mind when registering your trademark is to make sure you’re registering under the right “class.” The USPTO allows you to register your mark under one or more classes of goods or services, and trademark protection will only extend to these classes, so choose wisely. Another thing to consider is filing your trademark in multiple classes. This helps protect your brand as you expand into new products and services.
Complicated, right? If you're unsure about which class to choose, or if you are looking to choose more than one, it's a good idea to consult with a trademark attorney. That way you can get the advice you need to make informed decisions. Trust me, going the DIY route is difficult, time-consuming, and could lead to costly mistakes down the road. So, take advantage of the trademark registration services at Rocket Lawyer. They offer an affordable and simple solution for entrepreneurs like you that are looking to protect their brand.
OK, so we’ve talked about registering your trademark. Now let’s talk about best practices when it comes to using your mark. Some of you will be using your mark out in the market before it has been approved for registration. In this situation, you can add the ™ sign next to your mark to signal that you are claiming trademark protection based on first use in the market. If your mark has already been registered with the USPTO, you can use the ® sign to tell the world that the mark is registered. It's like planting your flag and saying, "This is mine, and I'm protecting it."
Now, I encourage you to consult with an intellectual property lawyer. They're like your legal quarterback, making sure your prevention game is strong. They can look over all your prep work to make sure you have all your ducks in a row. It's about having the right strategies in place.
I know filing a trademark can be confusing, which is why I encourage you to work with a Rocket Lawyer trademark attorney. They will do all the heavy lifting and file your application quickly and easily. Plus, when you sign up for Rocket Legal+, you’ll get half off Trademark Registration services.
Once you’ve officially registered your trademark, you may run into cases of trademark infringement, which is simply someone else using your trademark without permission. It’s unfortunate, but if or when it happens, there are a number of things you can do to protect your brand and combat it.
First, document the infringement. Take screenshots or grab photos of every infringement. Every piece of evidence is like the building blocks for your case. And it’s especially important to take screenshots in today’s digital world in case someone on the other end changes or updates their website. Make sure to keep a detailed record.
After that, you will want to consult an attorney. You wouldn't go into a business deal blind, right? An intellectual property attorney who has experience in trademark law can help navigate you through the legal maze. They can assess the situation, explain your rights, and guide you through the legal process.
Next, you can draft a Cease and Desist letter. It's a formal way of saying, 'Hey, that's mine. Step off.' This notifies the infringing party of the violation and requests them to stop using your trademark. This letter often initiates negotiations and resolution discussions.
Now, here's where it gets good. Rocket Lawyer offers a customizable Cease and Desist Letter to put infringers on notice. And if you need it, they've even got an option for an attorney to answer questions about your letter after you’ve completed it. It's a no-brainer and definitely worth checking out.
Throughout this entire process, remember to always approach the situation with professionalism. Protecting your brand is about building bridges, not burning them. While dealing with an infringement, maintain professionalism and avoid public confrontations. Protect your brand's reputation by addressing the issue professionally and through proper legal channels.
If a Cease and Desist doesn’t clear up the problem and it wasn’t just a mistake by the infringer, consider consulting with a Rocket Lawyer trademark attorney to see what they recommend for next steps. They may suggest mediation or alternative dispute resolution. Sometimes, finding common ground is the best way forward. Mediation or other methods can save time, money, and headaches.
And finally, be sure to Evaluate your damages. What did this infringement cost you in terms of lost sales? How much did the infringer make by violating your trademark? What sort of confusion did this create in the marketplace and what’s that worth? If you don’t know specific numbers, then use your best judgment and make an educated guess. This evaluation can help you determine the appropriate compensation or remedies to seek. Work with your attorney, and get what you're owed.
Remember, every trademark case is unique. You have to go out there and protect what's yours.
Now, I've been in the game long enough to know that every situation is unique. But Rocket Lawyer has the tools and guidance to help you navigate any challenge. And they’ll even help you save money when you combine registering your trademark through Rocket Lawyer with a Rocket Legal+ membership! You’ll save half off trademark registration services with a Rocket Legal+ membership and save big on legal advice as well.
So sign up for a free 7-day trial with Rocket Legal+ OR get half off trademark registration services when you purchase a Rocket Legal+ membership.
And remember - in business, your brand is your bond. Protect it, cherish it, and always stand up for it. It's not just about logos or names. It's about a legacy.
