Get Your Business Brand on a Solid Foundation

Build your business on solid footing.

Don’t put years of hard work at risk through a lack of simple planning. Protecting your brand and business equity is part of your long term success!

Remember the three little pigs? Only the one who built with brick had a house that stood firm.


Small business owners can benefit greatly from a little legal help BEFORE they think they need it.

To learn more about Trademarks, Copyrights and Patents I met with Morris Turek, a local attorney who specializes in Trademarks and Copyrights. Patent law is a separate area of practice requiring considerable technical knowledge.


What is a Trademark?

Trademarks deal with the language and images of marketing. They cover things that are used in the branding and selling arena. Company names, taglines, logos and characters are all types of trademarks that may be entitled to federal registration and protection. The Nike “Swoosh” and Ronald McDonald are two examples of well-known trademarks.

We use trademarks to identify and distinguish the many different types of products and services in the marketplace.  Trademarks are also an assurance of quality and consistency. For instance, the Nike logo distinguishes Nike’s shoes from those manufactured by its competitors, and we look for the Nike logo because we trust the quality it represents. The trademark laws protect us from confusion by preventing Nike’s competitors from using a confusingly similar logo and trying to mislead us into buying shoes that are not made by Nike.


When Should You Hire a Trademark Attorney?

The first answer to this question is, “Before you think you need one.” A Trademark Clearance Search will put you on steady ground. You don’t want to use a business name, characters or other marketing elements that could get you sued for infringement. It’s not uncommon, and it’s a shame when someone builds years of momentum only to be shut down because they failed to take some simple steps in the beginning.

The second answer to this question is, “When you need one.” You might follow the rules, but others might be ignorant or unethical. You don’t want other people deriving benefit from your efforts and the head of steam you’ve worked so hard to build.

One of my clients had a competitor who started a business with a similar name and logo. My client hired an attorney to deal with the situation. The other guy was forced to change his business name and now my client’s customers won’t be confused about whom they’re talking to.

The optimal time to speak with a trademark attorney is BEFORE you use your trademark. Many business owners have failed to do that up front and now there’s a lot at stake. Don’t wait for trouble to show up at your door. Get advice now that could keep you from losing your shirt!


What do small business owners need to know about Copyrights?

Copyright protects creative expression, such as that found in movies, books, art and music.  Copyright also protects content you write for your website and blog.  But, copyright does not protect ideas and concepts.

Copyright law exists to protect the effort and investment of the creators.  Registering your copyright with the Copyright Office gives you the power to pursue legal action against infringements of your creative expression.  It is also a good idea to show the © copyright symbol on your content along with the name of the copyright owner and the year the content was created.


The Three Most Common Mistakes

The three most common mistakes made by business owners are:

1)   The failure to have a Trademark Clearance Search conducted when starting a new business.
2)   Using a business name or logo that’s too descriptive. It might seem counter-intuitive, but you’re better off using a name or logo that’s more arbitrary. Morris Turek can tell you why better than I can.
3)   Getting legal work done yourself or “on the cheap.” It’s less expensive to get the legal work done properly from the beginning, rather than paying the extra fees to get it fixed later.


About Patents

Patents deal with inventions and physical design, protecting the interests of inventors and investors. Patent law attorneys have knowledge of the science or technical aspects of the product in question. It’s a separate discipline from Trademarks and Copyrights. Without patent laws there would be little incentive for new product development.

Want to get YOUR business on solid footing? Contact Trademark Attorney Morris Turek to perform a Trademark Clearance Search or to learn more about how to benefit from some simple brand planning.

Morris Turek
www.YourTrademarkAttorney.com
morris@yourtrademarkattorney.com



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