How To Avoid Trademark Infringement

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For brands, trademarks are similar to fingerprints. These distinctive words, logos, symbols, or other design elements assist buyers in immediately identifying the brand from which a product originates. According to Harvard, trademark infringement happens when a product’s or packaging’s existing logo, slogan, or other distinguishing characteristic is likely to generate consumer misunderstanding as to the source of such items. Trademark infringement occurs when, whether by accident or design, a brand steers too close to another’s IP without permission. The results can get ugly – and expensive.

Unfortunately, not knowing about the other firm isn’t a defense. You’d very certainly lose the lawsuit and be compelled to alter your business name, which would cost you time, money, and maybe some clients.

Here’s How To Avoid Trademark Infringement

1. Do your research: Check to see whether your chosen name, logo, or domain name has already been trademarked. Think about if your brand’s name, logo, and description are generic or descriptive. Assess the competitiveness of your industry and the aggressiveness of the major players.
2. Conduct a search via the USPTO: The Trademark Electronic Search System (TESS) of the US Patent and Trademark Office allows you to search for a word and design marks. Look for objects that are confusingly similar to one other, as well as perfect reproductions.
3. Consider general liability insurance: General liability insurance can assist pay for legal costs if you’re sued for trademark infringement, such as Attorney fees, Expert witness testimony, Court fees, Settlements, or judgments if you lose the case.
4. Register your trademark: You should consider safeguarding your own intellectual property as well as avoiding infringing on another company’s trademark. Take measures to protect your distinctive and memorable logo, name, or domain name by trademarking it.
5. Document everything: In the event of a disagreement, timestamps and documentation can be used to back up your claim. If you can offer paperwork proving when you registered your trademark, it may be helpful if you are sued by a fresher firm. It can also come in helpful if you need to sue another company for trademark infringement. You may save time, money, and the aggravation of renaming your company by investing some time and money upfront to search for potential trademark disputes.

Next Steps

It doesn’t have to be tough to protect your brand against trademark infringement. These measures can assist in guaranteeing that your brand is effectively secured, whether you are just starting out with your brand or your business is thriving with your current one.

The process of developing a brand does not end with the creation of a logo or tagline, or even with the debut of your business. From the theme you pick for your website to the marketing materials you develop to how you package and distribute your items, your brand must be present and consistent everywhere your consumers engage with you. If you need help throughout the whole process while also avoiding trademark infringement, we got you! Send us a message.