If you run a business, then this probably isn’t the first time that you’ve heard about trademarks. Maybe you already have registered marks, or have run into some issues in trying to register one. Although getting your trademark registered is, theoretically, a straightforward process, there are many reasons why it is essential to have a team who can help you establish it. Not only will a dedicated legal team see the process through properly, but also defend and protect it. Having a strong and properly protected trademark is the foundation upon which successful businesses are built. You don’t want to leave your mark—and, therefore, your business—vulnerable to counterfeiters and copycats.
At EmergeCounsel, we understand how essential strong and protected trademarks are. That’s why we created our TotalTM trademark package to give our clients access to comprehensive services related to registering, defending, and protecting their marks. So, if you need help with your trademarks, please contact us to learn more. In the meantime, this blog will discuss the main benefits of having ongoing trademark counsel:
1. Application and registration
Perhaps the most obvious step in creating and establishing your business’s brand is to make sure you have properly applied for, and registered, your trademark. Although many people use do-it-yourself tools to register their marks with the United States Patent and Trademark Office (the “USPTO”) themselves, it’s smarter to have proper legal counsel guiding you throughout the process. This is because there is a lot more to registering your trademark than merely submitting an application. For instance, there is a lot of research that is necessary to make sure that no other too-similar trademarks are already registered. By having trademark counsel on your side from the start, you can be sure to set yourself up for success in the future and avoid any unnecessary issues altogether.
2. Brand Protection
The counterfeit business is, unfortunately, hugely successful. Every day, thousands of people have their trademarks and their brands ripped off—even major companies with entire legal teams dedicated solely to protecting their trademarks. But it’s not just big and well-known brands that need to worry. Counterfeiting is dangerous to any business owner because it can lead to consumer mistrust and a significant loss of funds. It’s for these and many other reasons why constant trademark protection and monitoring is so essential.
3. Defensive monitoring
In addition to establishing a trademark, in order to protect your brand and develop your business, it is very important to make sure that there is someone on your side monitoring the market for any sign of a counterfeit. Because trademark infringement is so costly to business owners, making sure that you are constantly monitoring for infringement so you can intervene right away is crucial. That’s why for your first year of working with EmergeCounsel, our TotalTM service ensures that we will aggressively monitor your trademark for any sign of infringement.
4. Trademark dispute and litigation
Trademark disputes and litigation are expensive and can be tough to fight without the right legal team advocating on your behalf. The good news is that the law favors business owners like you. Laws such as The Trademark Counterfeiting Act of 1984 and the Lanham Act provide huge protections for trademark owners that can lead to major fines and sanctions, even imprisonment, for those who commit trademark infringement. It also grants trademark owners the right to have counterfeit goods seized while simultaneously providing protections to you throughout the entire process.
Having a legal team that has been by your side, protecting your trademark from day one, can be the key to fighting back in litigation or avoiding the courtroom all together. You will also avoid wasting time getting an outside team caught up to speed on the intricacies of your business and specifics of your mark. Although the law is on your side, it’s still complex and litigation is costly. That’s why you need someone with the proper experience and knowledge to make sure it is being utilized properly and to your advantage.
At EmergeCounsel, our TotalTM services can provide exactly what you need to protect your trademark from the start. To find our more about our TotalTM services and how it can benefit you, please don’t hesitate to contact us today!