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Brand Rights Start with Use

Brand Rights Start with Use

by | Apr 12, 2022 | Brand Protection 101, US Registration, Education

Running a business means paperwork, including filings for employment, sales tax, income tax, business occupancy, maintaining the entity, etc.  Since businesses are not looking for more paperwork, I do the paperwork that helps the savvy business owner lock down their brand.

Brand rights begin as soon as a business opens.  These rights are limited but can be enhanced by registering the brand as a trademark at the federal or state level.  Creating an entity, securing a domain name, filing a dba and getting a tax identification number have NO impact on securing brand rights.

A CPA client called last year after receiving a demand letter telling her to stop using her company’s name.  She had an LLC organized with the Secretary of State, a domain name and of course a tax identification number from the IRS. She had not enhanced her rights by filing applications to register her rights in her brand.  We helped her out of that jam, but had to explain that she would have a hard time expanding the use of her brand to other cities or other service offerings.

You just opened a second location, a new step on your march to become a regional, then national, then global brand.  Do you know if you can use your brand outside of your hometown? Your business plans rely on knowing that you can. Contact us to discuss your plans so we can provide a strategy that works for you.

Is Establishing an Entity the Same as Registering a Trademark?

Is Establishing an Entity the Same as Registering a Trademark?

by | Mar 31, 2022 | Brand Protection 101, Education

There are so many things business owners must know, and they can’t be an expert on everything.  I use my 19 years of legal experience to help business owners in one area– protecting their brands.

One common question I get is whether setting up an LLC is the same as protecting a brand.  In a word, No.  Some reasons for this include the fact that an entity is established with the Secretary of State in one of the 50 states, the Secretary of State does not compare the entity name to dba filings filed with the various county courts, some companies use brand names not related to their entity name and some brand names are used by sole proprietorships which are not registered at all.  And no, it doesn’t matter if the entity name is registered with the IRS or as a domain name.  None of these things are proxies for protecting your brand through steps such as registering your brand with the USPTO.

I’m a good fit for business owners who want things done by the book.  You realize that your business is growing and you don’t want unnecessary risk.  There aren’t many success stories of companies who were sued at an early age for infringement, so failing to protect your brand name definitely qualifies as an unnecessary risk.

USPTO Review – Response Period

USPTO Review – Response Period

by | Mar 11, 2022 | US Registration, Education

Trademark applications complete a process known as prosecution before they become registered.  The first step is a review by the USPTO to ensure the application meets certain requirements.  I have state of the art software which helps me track the prosecution status for all the records I handle.

If the government issues a refusal, the applicant has six months to respond.  The application becomes abandoned if a response is not filed in a timely manner.  While responding immediately is usually the best course, this is not always true and sometimes it is not possible.  I make sure we do not lose track of the deadlines. 

I helped Jill begin the brand protection process before her business opened.  Months after filing the application, I discussed the minor issues presented by the USPTO and learned that she was about to open her store.  I recommended that we wait to respond to the USPTO issues until we could also claim her brand was in use, thus saving her time and money.

I’m a good fit for the business owner with too much on his plate.  Set up a three-way lunch meeting with me, and I’ll make sure he enjoys what is on his plate.

How Powerful is a Brand?

How Powerful is a Brand?

by | Mar 11, 2022 | Brand Protection 101, Education, Other

Brands are the most efficient form of communication in commerce. This communication is so powerful that even the illiterate understand it. One of my favorite stories demonstrates this very well. 

Many years ago, I was driving my 2-year-old daughter around in a different part of town and was surprised to hear her say “Daddy, there’s a Publix.”  She was right, and I immediately assumed I had the smartest 2-year-old in the world.  My dreams of Ivy League scholarships came crashing down when she then said, “I see the P in a circle.”  

The logo for Publix is so powerful that even a 2-year-old knows what it means.  I knew that in her head she had visions of Dad taking her inside so she could get a sugar cookie, while I was wondering what BOGO deals were available that week.  Regardless, we each instantly had an emotional response to this distinctive brand. 

I happen to be a fan of Publix, so my inclination was to go inside. I have friends that prefer other grocery stores, and they would not have my response. Either way, the very simple P inside a circle serves as a powerful device to everyone familiar with Publix. Publix has gone to great lengths to protect this symbol to ensure that other companies don’t use it to capitalize on Publix’s good name.

If you have a business, you have a brand. You’ve worked hard to provide the perfect level of service to your customers, and your brand is the tool your customers use to find you. This makes your brand an asset. You need to protect this asset to ensure others don’t confuse your customers. Call me and we can discuss how you can accomplish this.

US Government Review- Filing Amendment to Allege Use

US Government Review- Filing Amendment to Allege Use

by | Mar 7, 2022 | Brand Protection 101, US Registration

Government review is one of four steps related to registering a brand.  What if I told you that there was a way to combine this step with another step to save money?  I use my experience to deliver positive results in an efficient manner.

Applicants must respond to any refusals issued by the USPTO, and they must demonstrate that they are using their brand.  Doing these steps at the same time can result in a faster and less expensive registration process.

I helped Jill begin the brand protection process before her business opened.  As I talked to her about the minor issues presented by the USPTO, I learned that Jill was about to open her store.  I recommended that Jill wait to respond to the USPTO issues until she could also claim her brand was in use, thus accomplishing two steps in one filing.

I am a good fit for businesses who demand value.  Introduce me to the CPA who noticed his client spent a lot on promotion in 2021, and let the CPA know my services are extensive, not expensive.