![]() ![]() It is a simple thing for someone to snatch it out from under you and claim ownership of it. If you have a unique brand name or logo, protect it. Signup for a trial using our special link and you'll get extended 14 days trial period (credit card info required) > Click Here There are currently over 1 million people using SEMrush for their website SEO and content marketing. However, if you did what I did and failed to prepare and the worst has happened, I'll also have some advice for how you can move forward with your business without losing momentum. I learned a very valuable lesson from this experience and I hope to share what I've learned here and keep you from making the same mistake I did. While I probably could have battled this person over it, it would have cost thousands of dollars in legal fees and I am just a small business owner with a handful or two of clients. Someone who runs in similar circles as I do and who clearly had seen the name in use before trademarked it and snatched the name out from under me. Unfortunately, I wasn't wise with that name and I didn't trademark it or register it in any way. I had a catchy name and had used it in different ways for about 13 years. I spent many years building a brand with my business clients. This comes with some downsides as well, such as having to pay registration fees every 10 years or so.I want to start this article by sharing that this is a topic that is very near to my heart. ![]() The most important of these is the protection it provides against other businesses trying to use your mark for their own gain. In conclusion, we can see that there are many benefits to filing a trademark in the United States. You can't sue someone if their products don't look or sound anything like yours but happen share the same word or phrase (e.g., "green" and "environmentally friendly" both describe something related environmental issues). Theirs then this isn't technically willful infringement so it won't be enough for a lawsuit succeed against them for doing so ![]() If they didn’t know that their actions would lead people who saw their products think of yours instead of You have to prove that they knew they were infringing on your trademark (this is called "willful infringement"). However, if you are not registered with the USPTO, there are some limitations on what you can do: If someone else has used your trademark without permission, you may beĪble to get an injunction against them or collect money damages if they continue to use it even after being told not to by a court order. You can also stop them from using the same or similar marks in the future. You can use a registered trademark to sue someone who is infringing on your mark. This makes it easy for businesses and individuals alike who want protection but don't have time on their hands In addition to searching its records, the USPTO also allows users to file online applications for their desired marks. If you haveĪn idea for a new business and want to check if it's available, this tool will allow you to do so quickly and easily. You can search this database by trademark class, owner, or part of the mark to find out if someone else has already used your trademark. The USPTO database of trademarks is a public record of all registered trademarks. Provides a Public Record of Your Trademark You should also review any existing trademarks in order to avoid conflict with other businesses when choosing or creating new ones. If someone has already made use of a similar name or logo for their own business, then you will not be able to register itĪs your own mark as well. It's also important to know that trademark applications cannot be filed on common law or generic terms. ![]() Others from using similar marks for their own gain. Trademark filing helps you to establish a strong presence in your industry by preventing Trademark filing in the United States is one of the most effective ways to protect your brand, business, investment, and intellectual property. Prevents Others from Using Your Mark for Profit. If a trademark is accepted into the database, it will be protected against infringement in certain instances even before it receives formal registration status. Meet certain criteria established by law. The USPTO is responsible for reviewing all applications and issuing registration certificates if they More than 5,000 trademark applications are filed every month and the majority of these applications are filed by individuals. ![]()
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