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Hey there, brand builders and business bosses! Today, we’re diving into the wild world of trademarks. Now, I know what you’re thinking – “But Jess, trademarks sound about as exciting as watching grass grow.” Well, buckle up, because I’m about to make this topic more entertaining than a Netflix binge-watch.

What is a trademark?

First things first, let’s talk about what a trademark actually is. Essentially, it’s a word, phrase, symbol, or design that identifies your brand and distinguishes it from the competition. Think of it as your business’s signature style, like Coca-Cola’s iconic script or McDonald’s famous golden arches or catch phrase “I’m lovin’it.”

Why should I register a trademark?

Now, why is it so important to trademark your brand? Well, imagine you’ve spent countless hours (and dollars) building up your company’s reputation, only to have some corporate copycat swoop in and steal your hard-earned thunder. That’s where trademarks come in.

Trademarks aren’t just for big-shot corporations. Even if you’re a small business or a solo entrepreneur, you can (and should) trademark your brand name, logo, or slogan. By doing so, you are staking your claim in the marketplace and avoiding any potential legal headaches down the road.

“But Jess, I’m just a small business. No one is going to steal my brand.” That’s what the ORIGINAL Burger King thought. Look what he missed out on…

Importance of Trademark Searches

Trademarks aren’t just about protecting your brand – they are also about avoiding accidentally infringing on someone else’s trademark. That’s why it’s crucial to do your research before launching a new product or service. Trust me; you don’t want to end up on the receiving end of a trademark lawsuit.

Business owners spend hundreds of thousands of dollars on marketing and growing their brand and reputation. If you start using a trademark without doing a comprehensive search, and the mark is infringing on another business’ trademark, that business may force you to stop using that name altogether.  All that money and time invested into growing your brand is flushed down the toilet, and you must start from ground zero.

So there you have it, folks – Trademark A, B, C’s. Remember, your brand is your baby. Protect it, and you’ll set the path for your brand to thrive!

Jessica C. Portalatin

Experienced Attorney in the areas of Corporate Law, Trademark Law, Franchise Law, Contract Law and Civil Litigation.

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