Brand Protection

The 4 Steps of Brand Protection

Brand Protection is comprised of four steps which, when performed in a coordinated way, allow you to achieve maximum legal rights in your brand.

  • Searching. You need to understand what issues may exist before you invest significant money in growing your brand. This can help you avoid a business ending event (i.e., infringement) and find unknown opportunities.
  • Authentication. Do you own your brand? Let the world know! There are many options, and the correct choice varies from case to case. Make sure an expert leads you on this journey.
  • Policing. Detect unauthorized trespassers. You can’t know if other companies are using similar brands unless you are monitoring your brand. Install a security system for your brand!
  • Enforcement. Prosecute the violators! Once you’ve found someone using a similar brand, you must decide how to handle this. We evaluate your situation and help you select the right path for you.


Searching should almost always be step one in brand protection.  Adopting a new brand carries legal risk.  Performing a search can help you understand this risk so you can manage it.  A search can also help you see areas of opportunity.  Finally, a search can provide information which will help you mak decisions in the future steps of brand protection.  Our job is to help you understand these risks and opportunities, and help you make the right choices to maximize the legal power of your brand.

Searching can be performed in a variety of ways.  At Initiating Protection, we offer a mid-level of legal review that is specifically suited for small and mid-sized companies.  Our Brand Health Check starts with a report we order from one of our vendors.  We digest this information and put it in a template that plainly describes the level of risk you face and our suggestions for your next steps.


Authentication can be any action that substantiates your legal rights in your brand.  Most people think of registering a trademark with the United States Patent and Trademark Office.  While this is certainly a common step, there are other types of registrations available and other actions which serve similar purposes.  Our job is to help you choose the right path(s).

The registration process involves much more than filing an application.  There are many services that purport to help you with this, but they often leave you stranded as the application moves through the other three steps required for registration.  Further, each brand has a unique path.  Our professionals have ushered thousands of applications through this system, and we are ready to help your company next.



Allowing others to use brands similar to yours will reduce your rights in your brand.  Policing is simply monitoring the marketplace to make sure no one is using similar brands.  

You can police your brand in many ways.  Informal policing happens as a normal course of business.  For example, maybe you notice a new business in your town with a similar name, or a good customer tells you he’s happy you opened a new store near him.  In these situations, you would probably investigate further.  We can also use technology to help you police in our super-connected world.  These services yield reports of new usernames on social media, new apps, new business name filings, new trademark applications, and a host of other items.



Once you’ve found someone who is using a similar brand, we will help you decide how you are going to handle this.  You will likely take no action against companies in unrelated industries, but you need to seriously consider taking action against competitors.

Enforcing your rights can take place in a number of ways.  We can help you review the situation and discuss your desired results, then chart a path to achieve these results.  While most people think of starting with a demand letter or a lawsuit, there are many actions you can take and many tools to achieve the results you want.

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