Not All Brand Protection Journeys Are the Same

Richard Rimer

February 6, 2023

A common question I get is “How much will it cost to protect my brand?” Unfortunately, the answer I have to give is, “It depends.” This answer changes once I conduct a brand health check.

Starting a brand protection journey is much like walking into a dark room. You really have no idea how much is in your way and what you might bump into as you explore the room. Fortunately, just like you can #turnonthelights in the dark room, I can run a brand health check to help you understand what obstacles you may face in your brand protection journey.

Three of the biggest obstacles I find are that the brand you want to use:
1. is very similar to an existing brand;
2. contains descriptive words in your industry; and
3. is not capable as functioning as a brand.

Finding any of these three risks greatly increases the cost of your specific journey. Determining the severity of these risks is very subjective. Onlya professional with a lot of experience in this area can measure this. I can give you an exact quote on your specific journey after I conduct a brand health check.

There are other factors which increase your cost. The primary factors are how many types of goods/services you plan to use in connection with your brand, and whether you have begun using your brand at the time you want to file for registration. The costs associated with these items are pure math. These and can be easily calculated by anyone even with a few years’ worth of experience.

Of course, you don’t have to conduct a brand health check. You can instead continue to wander the world of commerce using your brand in the dark. This exposes you to at least two big risks.
1. You have no idea whether or not someone with a similar brand may be capable of suing you for infringement.
2. If you are sued for infringement, you could be considered a bad faith user. This means you could be liable for additional damages (i.e., you would have to pay more).