There are various challenges that you need to navigate and persevere against when running a business. Some of the most troublesome battles, though, have to do with trademarking. It’s hard when another business steals your idea or accuses you of being a copycat.
This results in bad press, arduous legal battles, a lot of expenses, and enough trouble to sink any ship that is trying to stay afloat. So, it’s best to make use of company law and protect your brand with the use of trademarks.
Here’s how you can do this:
Check for Trademark Availability
This may seem obvious, but you need to be careful that no one has claimed a trademark for your brand name or any of the words in it. It’s best to do this through the official patent and trademark office. Once you’ve submitted your paperwork, the agency will do a thorough search and let you know if it’s available or not. If it’s not, you can either choose a different name or fight to get it.
In the event that a trademark exists, it’s best to look into whether or not they’re registered in your state as well. This will give you a better idea of what’s happened so far.
Create a Non-Descriptive Trademark
You need to be careful about being too descriptive of your services or products when it comes to trademarking. This is because there is a rule that no one trader should have sole ownership of a service or product that different traders should fairly use for a competitive market.
So, you should ensure that your trademark is enough to distinguish you from others without using descriptive terminologies like quantity, purpose, value, or characteristics of your goods or services.
Make Sure You Put In the Right Ownership
It’s essential to make it clear who owns the trademark. You can do so by using a company name, a person’s name, or a brand name. No one else should be able to claim the trademark in any way.
Be careful with your paperwork and double-check to ensure there are no errors. If you have the wrong information, there will be problems claiming ownership.
Pick the Right Classes to Register In
There are various classes you can register in, so you want to make sure you pick the right one that covers your product or service. If you find that more than one category applies, you should try to register for it so that you are covered in all sections.
Actively Use Your Trademark
Once you’ve figured out how to register a trademark, you need to make sure that you’re using it. Not only does this show other prospective competitors that you already have a handle on this trademark, but it also complies with guidelines.
There are rules that can remove your rights to your trademark due to non-use. In the case of inactive trademarks, third parties have the right to cancel their registration.
Conclusion
Over the years, there have been a lot of trademarks that other parties have claimed. It’s crucial to make sure you don’t lose your ownership rights due to any mistake. By using the guidance above, you can ensure that you’re creating a trademark that is unique to your business and allows people to identify your brand in a positive light. Corporate lawyers can help guide you through the entire process to secure your business.
GLG Legal is an ambitious and innovative practice that specialises in company law in Brisbane. Contact us to get the right legal solutions for your business.
