Here, Take My Brand

Here, Take My Brand

So, you’ve decided NOT to secure your brand. Yikes! Maybe you have some “good” reasons to back you up. Perhaps it’s too costly or maybe you don’t think anyone will actually steal it from you. All of your “reasons” (*ehm* or excuses) may seem like legitimate ones. But as a trademark attorney who sees the trademark risks day in and day out, there may be some things you’re not aware of that could certainly change your mind and have you decide to safeguard your brand. 

Let’s talk about some of the dangerous situations you’re exposing yourself (and your whole business) to: 

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  1. You can lose the right to own your brand if you do not have it trademarked. Ownership rights in your brand are locked in when you have a registered trademark. And if there is any questions as to your ownership, you have the advantage of proving your ownership in federal court if someone else tries to claim ownership in your brand. This gives you one less thing to prove during litigation and increases your chances of successfully defending your brand. 
  1. Stopping other from using your brand is extremely difficult if it’s not registered as a trademark. Without a registered trademark you are leaving a lot of your rights and protection on the table and making it super easy for someone else to snatch your brand right out from under your business. Having your brand registered ensures other people do not copy or infringe on the brand you’ve invested so much into. Do you really want your brand to be a sitting target for copycats?
  1. You are missing out on extra revenue streams! With a registered trademark, you can give other people permission to use your mark and actually charge them for it. This can be done through licensing, merchandizing, and franchising. That means that your business will collect checks from royalty payments without having to do any extra work. Now, what company wouldn’t want passive streams of additional income? 

 

The bottom line is: without having your brand registered as a trademark, you are in a constant battle of making sure NO ONE is using your mark, potentially forfeiting your ownership rights and missing out on extra money. But, with a registered trademark, you can nearly eliminate these risks and look to make a profit off of your brand.

Want to challenge a trademark attorney with your unique brand’s risks?  Use this link to Schedule a Free 15-minute Call with us.  We’re always up for a good challenge!