Trademark: 5 Basic Ways to avoid Trademark Infringement
Trademark infringement is the act of violating the exclusive rights attached to a particular trademark without informing its original owners prior to its use.
It is basically described as when a business or organization uses the name, logo, or peculiar identifiers of another organization or identifiers similar enough to distract or confuse their audience or customers.
The trademark of a product, company, or business is peculiar and legally differentiates it from other related products or services.
The thing is that many young unregistered businesses fall guilty of this.
Let’s get practical!
Peter just raised funds to start an online business where he would sell wears. For months he keeps racking his head to get a name for his new business, then he wakes up one morning and comes up with the name “sweet supplies”.
He contacts his designer to get a business logo without checking to verify if another business already owns the name. Within a short while, his logo design is ready and he kicks off with his business.
He runs promotional adverts and his business starts getting recognized. One day he gets a letter summoning him to court for trademark infringement.
Then he begins his research and finds out that the business name that he has been using originally belonged to another company.
These and many more are issues that arise within the business sector.
The question is how do we avoid these occurrences?
We have compiled a list of ways to avoid trademark infringement. Here are some:
Register your trademark as early as possible
Try as much as possible to register your business early. This will not only help you to avoid infringing on another business or company’s trademark, but it will help to secure your intellectual properties and endeavors.
Trademark your business name
Most times, business owners only register their businesses without trademarking their business name. This constitutes a lot of trademark infringement cases.
As soon as you register and trademark your business name, no other business is permitted to use that name.
Use a strong unique name for your brand or business
When sourcing for a business name, try using unique identifiers. This will make it more difficult for someone to imitate.
Invest in a comprehensive online search before using your name in the market place
After you have gotten your prospective business name, run extensive research to see if businesses with similar names exist.
This will help you to make further corrections and adjustments based on your discovery.
Hire a trademark infringement attorney
Who is a trademark attorney? A trademark attorney is an individual who has qualified to act on matters that involve trademark law and practice.
They are also responsible for providing legal advice on matters concerning the trademark.
Hiring/ having a trademark attorney saves you the stress of getting into issues that concern trademark. Your trademark attorney will advise on protective measures that will enable you to protect your trademark.
In conclusion, trademark infringement can sometimes be unavoidable but applying the above strategies can help to minimize its occurrence.