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The importance of trademark law in building a business brand

California entrepreneurs may be interested in learning about the importance of trademark law in choosing a business brand. Due to the potential issues down the road, attention should be paid to having a strong mark from the start.

Trademark protection can be one of the best investments a new company can make for its future. A federal trademark registration can help to shield the brand from infringement by competitors and give legal weight to the exclusivity of the brand. However, there are some important considerations that should be made before the trademark process begins. The first is making sure that the new brand does not conflict with existing marks. A diligent search should be made of various registries in order to ensure that the mark is unique, at least in that particular industry, with an attorney's assistance.

A strong trademark should be chosen for the brand, because the stronger and more distinctive the mark, the greater the potential for legal protection. Generic marks are least likely to find protection under trademark law. The next step is to register the trademark and begin building brand goodwill in the general public. During this phase and throughout the life of the brand, it is also vital the the trademark owner police the mark by regularly searching out infringing behavior and using the law to stop it before any trademark dilution occurs.

A strong intellectual property portfolio can be one of a business's strongest assets. A trademark attorney can assist a new business with choosing its name, logo or symbol in accordance with trademark law and smart business practices. The attorney can then be helpful in submitting the trademark application and enforcing it against others who would infringe on the mark.

Source: Business 2 Community, "Protect Your Ideas: How to Stay Away From Trademark Infringement",, March 1, 2015

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