- April 15, 2020
- Posted by: United Legal Experts
- Category: Trademarks
Brand name is the name or identity of your business, products or services for the customers in the market. It could be the make-up of your name, your logo including the look and feel of all your branded materials including your color pallet, fonts and more. While branding becomes an essential marketing tool of the industry, the practice comes with a number of inherent risks. Despite the potential risks linked with a brand name, there are some actions that one can take to protect the brand name legally in this vast business industry and tech-savvy world. Therefore, this piece will unfold the top five ways to protect your brand name.
One of the most important steps you should take to protect your brand is trademark registration. Just as your business has a name, it also needs to have its own recognizable logo in order to establish a visual representation of your brand. Doing so will provide you a monopoly right to your brand and business against many legal challenges. The process of trademark registration is easier than ever before. Thanks to the global emerging e-commerce industry. It allows the owner to prevent the third party from using any name or your brand that might be deemed ‘confusingly similar’. It is necessary to know how to prevent product counterfeiting by giving each of your products their own registered identity. This will be an advantage for the owner to protect the brand and its related product’s reputation, revenue, and consumers and maintain its value as an asset. However, once a trademark is registered, the owner of the trademark gets a certificate from the legal authority, stating his ownership for the trademarked brand name for the goods and services who eventually will be less likely to become the victim of IP theft. The owner of the trademark shall have strong legal rights which are called Intellectual Property Rights to protect its brand. The validity of its registration is usually 10 years, after which it can be renewed.
Secure your E-business rights
Since the emergence of globalization and the burgeoning of online commercial networks, businesses have been struggling to find a distinctive brand name or web domain. Owing to the ubiquity of social media and innovations in marketing technology, businesses are now picking up a number of amazing ways to promote their brands. Based on these developments, the domain name registration of a business or brand is one of the integral elements of the business. To protect your brand, make sure to register the same domain name with alternate extensions, such as .net, .biz .com, and .org as an option, in addition to .com domains. Therefore, registering a domain name prevents other businesses from using that domain name, but it does not prevent other businesses from using your business’s name in other ways. Additionally, web domains, social media usernames, hashtags, and mobile app names must be registered under your business name in order to inhibit others from establishing social media accounts with similar business names.
Promote your brand name
In order to protect your brand name, logo, or any other identifying elements, one should publicize its use by using it widely at different forums. It could be through putting your brand name along with the logos on your shipping boxes, displaying on physical premises or printing on salesman shirts. Considering internet penetration, one should establish its brand name presence online on different social media platforms. It would be good to add trademark notifications to your business communications such as ™ symbols with your name and logo before you apply for a trademark; after you have officially registered your trademark, you should start using the ®. This option may be restricted in some countries like the United Kingdom, Europe, and Asian countries, however, this practice is widely used in the United States where unregistered trademarks may use their trademark using ™. This would be a plus for the owner to use the legal rights to claim damages from infringers and illicit traders as well as let businesses know that you have legal claims to your brand name.
Keep an eye on your brand competitors
Apart from legal implications, the theft of your brand name could lower your business trajectory which resultantly reduces your market share, revenue, and your customers which take years to recover completely. Given that, one should stay vigilant and monitor competitors, through the trademarks registry, Companies house and different domain name registries, who could be your potential thieves. It does not only reduce your hassle but you are being notified as soon as any identical name is applied for or registered. The other watchdog could be by setting up Google Alerts on your business name or use social media management tools to receive counterfeit alerts from any part of the world. This allows you to take control of your brand and products quickly and efficiently before this infringement damages your brand name.
Crack on the infringers
Be proactive in taking active action against the potential infringers by sending a “cease and desist” letter, Legal Notices, Listing Takedown actions, etc. to the infringers and demanding that they stop using your trademark (business name or logo). If the alleged infringer endures using your trademark after receiving your letter, the next set of action is filing a complaint or initiating a litigation process in the court. You may need to take action in other countries if you are trading or represented globally. But it is always good to hire a law firm or IP expert, who will advice you and look after your case/dispute.
Lawyers at United legal Experts can provide you complete legal assistance and advice regardless of the region for the protection of your brand. Our experts can also give you a lecture, how you can protect your brand and what strategies you should take to protect your brand globally.