Hope is Not a Strategy – Hire a Lawyer
Sometimes it feels that the odds are stacked against us. As a small business owner, that feeling is amplified many times over. When we look at the cold, hard statistics…Yikes! It’s not paranoia… The odds are indeed stacked against us.
There is an estimated 30 million active business in the U.S. Each year, there is an approximately 4.25 million new business that start-up and at the same time about 20% of the nation’s businesses close their doors for good.
When it comes to Trademarks, Company Names and Branding, that’s a Lot of competition. It is a lot of completion in two distinct ways:
1. When choosing a Company Name and Trademark, you need to make sure that you are not infringing on another company’s property (Name and Trademark)
2. Once you have a unique Name and Trademark, you need to protect it from the marauding new companies looking to “borrow” what you have worked for.
In both of these scenarios, you need not go at it alone, you need to hire a lawyer! A trademark lawyer will do the proper research that will give you the information you need to make sound decisions about your trademark. Each business is different and the implications are different based on certain criteria.
For instance, if you are creating a National brand, you will have to make sure that a small mom and pop company operating in a single county of the country won’t cause you issues if you choose a company name “close to theirs”. With a national brand, every single teeny tiny company is a potential trademark obstacle. On the other hand if you are operating purely in a single city, you don’t have as much to worry about….Unless a new major brand comes along and likes your brand name or brand mark and wants to use it.
The second thing that a Trademark Lawyer does is to help you protect your brand by doing the intricate legal leg work to professionally register your trademark with the National Trademark office. This gives a level of protection against future marauders.
Most businesses do not go through the trouble of professionally researching and reregistering their Trademarks using an experienced law firm and when they don’t they are taking a risk that could cost them a lot more money in the long run.