View Print Friendly Version
Intangible Asset Protection – BRAND FOR GOLD
© Cheryl Hodgson 2009 | Posted on February 8, 2009
I=Investigate
Before you select a brand,
turn on the lights in a dark room!
Investigate to INSURE you are on the path to a valuable, legally protectable brand. A professional search of the “brand space” in which you intend to market your goods or services will “turn on the lights” in an otherwise dark room.
Professional searches from companies we work with, like Thomson, provide our clients with access to substantial information not available merely by looking at the U.S. Trademark Office filings. The findings include:
- State Trademarks in all 50 states
- Domain Names containing the potential mark
- Common Law Directories
- Trade Directories
Modern cases have held the failure to perform a diligent search prior to widespread use and advertising can actually be considered evidence of bad faith if you are sued for infringing the rights of a prior user!
An investigation is not just defensive, it is also important to use it offensively as well.
What can you learn?
- Are you alone, or is the room filled with other contenders in the space?
- Is the space big enough for your brand to expand and move around?
- Who should you step around on the way to brand gold?
We’ve all stumbled around in a dark room once or twice, looking for the light switch. Once the lights are on, you suddenly see who else is in the room, or whether you might stumble and fall over an object. A lighted path guides you safely to the intended destination.
Before investing in packaging, advertising and marketing, or even legal fees to register a potential mark, do your home work. Invest in a blue print for the home you want to build.
Strong trademarks have common characteristics. Successful brand owners can attack others if necessary (enforce with a sword), and defend from attack (with a shield) because they operate in a clearly defined zone of protection. One might say they have a bigger yard in which to play, with a higher wall around them!
Lawsuits can be avoided, and chances of a successful registration can be greatly enhanced when armed with a comprehensive search. Don’t skip the first step, Investigate.
Next Month: Step 2: “Noodle” Before You Act
Technorati Tags: asset protection, brands, intangible assets, Intellectual Property, Legal, Marketing, register your trademark, Trademarks
No Comments »