The 4 Benefits of Having Ongoing Trademark Counsel for Your Business

by | Jun 20, 2018 | Trademark

If you run a business, this probably isn’t the first time that you’ve heard about trademarks. Here are four benefits of having ongoing trademark counsel for your business. 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 a number of 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. A strong and adequately protected trademark is the foundation upon which successful businesses are built. You don’t want to leave your mark—and your business—vulnerable to counterfeiters and copycats. This blog will discuss the main benefits of having ongoing trademark counsel:

1. Application and registration

Perhaps the most obvious step to creating and establishing your business’s brand is making sure you properly applied for and registered your trademark. Although many people use “do-it-yourself” tools to register their mark(s) with the United States Patent and Trademark Office (the “USPTO”). It is wiser to have proper legal counsel guiding you throughout the process. Legal counsel knows there is a lot more to registering your trademark than merely submitting an application. For instance, a lot of research 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 are so essential.

3. Defensive monitoring

In addition to establishing a trademark, in order to protect your brand and develop your business, it is essential 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 significant protections for trademark owners. These protections can lead to significant 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 altogether. You will also avoid wasting time getting an outside team caught up to speed on the intricacies of your business and the specifics of your mark. Although the law is on your side, it’s 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 out more about our TotalTM services and how it can benefit you, please don’t hesitate to contact us today!


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