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Counterfeits are only one form of intellectual property infringement, as they specifically target the trademarks of an authentic trademark. The fight against counterfeiting is therefore the primary objective of trademark protection agencies. It`s a sad reality: success creates imitation, and not everything is legal. Logos and other brand elements, such as slogans and product names, are often illegally copied by shady bad actors who want to capitalize on their hard work. It`s not just unfair – it dilutes the value of your brand. Even worse, in cases where the goods and services provided by the malicious actor are pale imitations on your part, the illegal violation can have devastating effects on the goodwill you have accumulated with your customers and customers over time. While you don`t need a lawyer to file an application for your trademark with the USPTO, there are several pitfalls faced by inexperienced entrepreneurs that can delay their trademark approval, prevent a successful registration, or even lead to a successful registration that doesn`t offer all the protection the owner is looking for. For example, the most common mistake made by first-time trademark applicants is the failure to thoroughly research their trademark before filing it to ensure that there are no potential conflicts with a pre-existing trademark. A pre-existing trademark registered in the same class of goods or services guarantees that your application will be rejected by the USPTO. Unfortunately, the USPTO has a strict refund policy, even for innocent errors in the application process. Trademark occupants register trademarks in bad faith. This can occur in a number of forms, including the foreign registration of trademarks belonging to marks that are not yet registered abroad and transliteration issues, such as the Jordan/Qiaodan case. The final phase of a trademark protection service.

The reports refer to the presentation of information to trademarks that is useful and actionable to keep abreast of the state of intellectual property on the Internet and then improve the process of trademark protection in the future. For brands, it is important to search the USPTO database for similar brands before applying. If there are similar trademarks that have already been registered, a lawyer can optimize or split the trademarks and logos into multiple applications to improve the chances of approval. Audit lawyers will review the application and monitor deficiencies in the application. It`s not uncommon to send a new copy, supplements, and even case law to convince the USPTO review attorney to see things your way. The whole process can take anywhere from six months to a year, so it`s helpful to get it right early. A rejection by the USPTO leads to the abandonment of the trademark after a certain period of time and creates an increase that must be revived or resubmitted. The most common way to legally protect your trademark is to register a trademark or copyright, or both, to educate the world about your claim to exclusive rights to the trademark or work. While an owner can register both a trademark and a copyright for certain intellectual property assets, it is not the same thing. Understanding the differences is an important first step in ensuring that your intellectual property assets are properly protected. 6. Look for brand-based brand derivatives â Sometimes companies with official trademark registrations don`t register brand derivatives related to digital and social media efforts, so research to make sure that social media labels with the product name belong only to you.

Be sure to register all primary domain suffixes for the brand name or slogan online. This provides protection in case someone steals the name of a social media tag or domain name. The broadest scope of trademark protection is a federal trademark registration obtained through the U.S. Patent and Trademark Office. The cost of obtaining a federal trademark registration is significantly higher than obtaining a state registration. However, having a federal trademark registration in the main registry offers a number of advantages, including: Sometimes a narrower definition of trademark protection is used, with a focus on trademark infringement. [3] [4] Imitation of physical goods involving trademark infringement is indeed one of the predominant forms of intellectual property infringement. [5] However, copyright and patent infringement is possible without associated trademark infringement, and both can result in lost sales and brand value.