Ensure your brand is protected and primed for growth every step of the business journey.

A trademark is what consumers use to recognize a particular brand. A business’s name is the most common trademark. Logos, slo-gans, and even scents associated with brands may also function as trademarks.

Right from the start! As soon as you have a unique name, logo, or slogan for your business or products, it’s time to think about trade-marks. Securing a trademark early protects your brand identity, ensuring that you alone have the right to use those distinctive marks in commerce. It’s like planting a flag in your brand territory before anyone else can.

Once you’ve completed a comprehensive trademark clearance search to determine the risk of going forward with your trademark, the next step is filing an application with the USPTO (United States Patent and Trademark Office). There are many technical require-ments that go into making a successful trademark application and getting registration, so working with a business attorney experi-enced with trademark law is highly recommended.

Act swiftly and strategically. If someone is infringing on your trademark by copying your brand, it’s crucial to address it immediately. Consulting with a business lawyer can help you understand your options, which might include sending a cease and desist letter or pursuing legal action. Protecting your brand is not just about your rights; it’s about preserving the trust and recognition you’ve built with your audience.

Having the right contracts in place is essential to protecting your trade secrets. Keep in mind, just because it looks like a contract doesn’t mean it has the effect of an experienced attorney-drafted contract. Intellectual Property attorney, Erica DiAngelo Allen, can help you get the proper measures in place to protect your valuable information.

Oftentimes an Office Action (trademark refusal) is issued for technical reasons that can be fixed. Other times there may be complex substantive reasons for the refusal, like the trademark is too similar to an existing trademark. Sometimes the solution is responding with a legal argument supported by legal precedence and evidence. Other times the application process has to be started over. In some cases, there is no way to overcome the refusal and you’ll have to consider a rebranding. An experienced trademark attorney, like Erica DiAngelo Allen can guide you through the process.

Don’t panic, but take it seriously. Receiving a Cease & Desist letter can be unsettling, but it’s crucial to respond thoughtfully. Your first step should be to contact a knowledgeable business lawyer who can help you understand the claims, evaluate the validity, and guide you through your options. This is a moment where expert advice can make all the difference in protecting your business and finding a resolution.