Many small business owners assume that if they didn’t intend to copy someone else’s trademark, they can’t be sued for infringement. Unfortunately, intent doesn’t matter. If your business name, logo, or slogan is too similar to someone else’s registered trademark, even by accident, you could still find yourself in legal trouble.

In this episode, I cover:

• Is Intent Required for Trademark Infringement? 0:04
• Why Are Trademark Owners So Aggressive About Infringement? 1:48
• 4 Ways to Avoid Trademark Infringement Trouble 3:04

#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

To avoid these pitfalls, aim for names that are suggestive, arbitrary, or fanciful:

• Suggestive: Hints at what you do without being too obvious (e.g., “Netflix” suggests movies but isn’t just “Online Movie Rentals”)
• Arbitrary: A common word used in an unrelated context (e.g., “Apple” for computers)
• Fanciful: A completely made-up word (e.g., “Xerox,” “Kodak,” or “Nanker Phelge”)

A great business name isn’t just catchy; it’s legally strong. Before committing to a name, conduct a trademark search and consult an intellectual property attorney to ensure you’re building your brand on solid legal ground.

#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

Sometimes, a mark that suffers from the ailment of being generic, descriptive, or primarily a surname (or some other problems) can be registered on the USPTO’s Supplemental Register, which is like the opening band before the main act (or the junior varsity team if you prefer a sports metaphor). It doesn’t give you the full rights being on the Main Register does, but it’s better than having no kind of registration. Then, over time, the mark may gain enough fame to qualify to be on the Main Register.

It’s far better, though, if you can, to start with a name that qualifies for the Main Register.

#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw