A New Year – A new Brand?
A New Year – A new Brand?
As a trademark attorney working with brand owners for over 17 years, I always look forward to the New Year and hearing about my clients’ fresh ideas for branding. The launch of a cutting-edge ad campaign can be an exciting and busy time, but don’t forget to consult with your trademark attorney BEFORE your launch. Nothing spells disaster quicker than the receipt of a cease-and-desist letter from a trademark owner’s attorney right after your latest slogan, logo or other trademark is introduced to your cherished customers.
I rely on my long-term experience in performing and analyzing trademark searches when advising my clients on the potential strength of their newly minted trademarks and service marks, and counsel them on ways to stand out among the crowds they call their competitors. I provide my clients with an early assessment of the probability of successfully registering their names, brands, slogans, logos and design marks so that unnecessary funds are not spent on marketing materials. If the trademark appears to be unique enough to be the subject of a successful trademark application, I work with my clients to prepare the best possible trademark petition, often filing on an intent-to-use basis BEFORE the mark is actually used to offer goods or services, so that we can lock in the application filing date for priority purposes. As I repeatedly remind my clients, if you are considering, but not yet using a mark, and a third party is considering, but not yet using, that same mark, the first one of you to file a properly crafted intent-to-use federal application will be the one with prior rights.
I encourage you to call me to assist with the registration of your valuable brands, so that your protection properly extends not only across the United States, but if applicable, in other countries you may wish to explore down the road. Your fabulous and creative new ideas deserve it! It’s a bit early, but Happy New Year.