Registering Trademarks Helps To Prevent Theft By Copycats
Some people say that “imitation is the sincerest form of flattery.” But in business, a copycat can steal sales and profits - even an image in the marketplace - from a company that hasn’t taken the proper steps to protect itself.
Q: I’ve successfully manufactured and sold a consumer product for almost 10 years. I’ve now thought of a new name for it that is sure to increase customer awareness and sales. How can I keep other firms that produce a similar product from using the same name?
A: Your new name can be considered a “trademark” and can be protected in several ways. Under common law, your ownership to a trademark is established when you first start using it, assuming somebody else hasn’t used it first and isn’t still using it.
There are about 800,000 trademarks in use, so a search of U.S Patent and Trademark Office files will tell you if someone has beaten you to the punch. You can do this yourself (the Trademark Search Room is in Arlington, Va.) or you can check a commercially available Trademark Register. Your best bet is to have an experienced attorney do it for you.
Once you’ve confirmed that your name is unique, you can start employing it in your business without officially filing it with the Patent Office. If another firm starts using it later, you can warn them to cease such usage and can take them to court to force them to desist.
You can even seek damages from them if you believe your business has been hurt by their “theft” of your mark.
Your position in such civil action is greatly enhanced, however, if you formally register your mark with the Patent and Trademark Office. Registration firmly establishes your claim and will generally preclude the necessity of legal action to protect your mark. If you do wind up in court, your chances of prevailing are much, much higher with a registered mark.
You can use a standard form provided by the Patent Office to make application. Along with a modest fee (around $200), you will also have to include a drawing of your proposed mark and three specimens (i.e. photographs, artist renderings, etc.) of the mark as it is used by your firm.
You are also required to explain how the mark is presently being used commercially. With continued use, a registered trademark will afford you protection for 20 years, and for subsequent 20-year renewal terms.
While you can do all of this yourself, I strongly recommend that you retain an attorney who specializes in this kind of work. His or her fee will be worth the time and effort you save, and will buy you the best protection you can get.
Trademarks can become very valuable. “Coke,” for example is the most recognized word in any language around the world. But to protect a mark in use you must aggressively enforce your claim against others.
You should also strive to make sure your mark isn’t used generically to describe a type of product. Over the years, valuable trademarks like linoleum, dry ice, mimeograph, nylon, yo yo, cornflakes, and escalator were lost because they were not protected against common usage.
In a recent article we suggested that three four-letter words ending in “k” offered the key to success for entrepreneurs. LUCK, WORK and RISK have a determinative impact on every entrepreneurial venture.
But our readers suggested some other four-letter action words as “exhortations for entrepreneurial success.” According to these contributors, you should PICK a sound strategy and then TACK and maneuver to BUCK the trends. LOCK in on your goals but be ready to DUCK, if necessary.
KICK yourself into action every day, and PACK those days with productive activity. Be ready to SACK the competition and SOCK away your profits to fund future growth and development. This will require you to SEEK and TUCK away good ideas, and LOCK in opportunities.
Of course, you must always LICK defeatist feelings and MOCK naysayers. This will be easy to do if you LACK negative attitudes and HACK away at obstacles.
You might have to HOCK your assets to get the JACK necessary to BACK your ideas with action. So, SUCK in those new ideas and get ready to ROCK and roll!
It is memorable word-thoughts like this that help venturers get a bushel of dividends from a PECK of investment.
xxxx Paul Willax is the Sandifur Distinguished Professor of Entrepreneurship at Eastern Washington University.
The following fields overflowed: CREDIT = Paul Willax The Spokesman-Review