Branding is one of the most important parts of any business and successful branding starts with the registration and maintenance of trademarks. Filing a trademark application might seem simple but in reality, it is the steps you take both before and after the application that really count. In the branding process, companies often face a fork in the brand path, one direction leads to Brand Distinction and the other leads to Brand Extinction. Here are the top ten branding mistakes to avoid so that you can follow the path to Brand Distinction:
Branding is one of the most important parts of any business and successful branding starts with the registration and maintenance of trademarks. Filing a trademark application might seem simple but in reality, it is the steps you take both before and after the application that really count. In the branding process, companies often face a fork in the brand path, one direction leads to Brand Distinction and the other leads to Brand Extinction. Here are the top ten branding mistakes to avoid so that you can follow the path to Brand Distinction:
Branding is one of the most important parts of any business. Successful branding begins with the registration and maintenance of trademarks. Filing a trademark application might seem simple, but in reality, the steps you take both before and after the application is filed are even more important. In the branding process, companies often face a fork in the brand path, one direction leads to Brand Distinction and the other leads to Brand Extinction. Here are the top ten branding mistakes to avoid so that you can follow the path to Brand Distinction:
1. Selection and use of a word or phrase without conducting a proper search and investigation of prior users of the term. Conduct an investigation prior to your use, since sued by a third party, the failure to perform a search prior to adoption and use can be considered evidence of bad faith and used against you in court.
2. Failure to analyze the results of investigative search reports carefully and failure to use them as a tool to position the brand in the market with a clear registration strategy. Look for the intersection where selection can meet protection. A trademark is a shield and a sword. Stake out your turf and fence it in.
3. Adoption and use of weak terms that describe the goods and services or contain the generic term of the product. Terms which describe the goods or services, or the characteristics of your goods and services can not be registered and make legal protection difficult if not impossible. Successful registrations of weak terms create a false sense of security, and these types of marks require constant vigilance.
4. Incorrect use of trademarks in advertising and marketing materials leading to loss of rights. Trademarks should be used as adjectives, not verbs or nouns for the goods or services.
5. Improper trademark filings that are too narrow or overbroad, leading to increased risks of rejection or opposition by third parties that you could have avoided. Do it yourself, but only if you understand what you are doing because up to 80% of all filings receive a rejection or Office Action from a trademark lawyer working for the Trademark Office
6. Failure to protect a personal name as a brand when appropriate. An individual’s name can be extremely valuable and should be registered and protected as a trademark when used to market or endorse goods and services. For example, authors teaching workshops, or offering services on line will benefit greatly from a registration as a means of preventing unauthorized use of one’s name in domains or for competitive goods and services. Just because your parents gave you that name does not mean you automatically own rights for it as a brand.
7. Erroneous belief that trademark registration is enough to protect rights. A trademark registration is a piece of paper, not the property itself. While a registration gives certain statutory rights and presumptions, one should not ignore the marketplace. Trademarks and brands can comprise up to 70% of the value of a business and require ongoing management.
8. Failure to monitor and police trademark rights against new entrants into the market by use of expert counsel. Trademark rights are lost if the term becomes generic some examples being “aspirin” and “escalator” Therefore, be alert and show infringers who is in control by notifying unauthorized users of similar marks for related goods and services of your rights.
9. Mistaking a domain registration with trademark and brand protection. Clients have lost their domains and have been sued because they failed to register a trademark for their goods and services.
10. Failure to maintain and renew registrations as required. Clients who treat registration as a commodity often fail to file necessary documents to keep registrations in effect. Trademarks require “maintenance” filings between the end of the 5th and 6th years from registration, and renewal after 10 years.
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