It is safe to say that most modern business owners in California work hard to create memorable brands in order to stay abreast of, or rise above, their competition. In this technology-rich world, having a brand is one of the most effective ways of communicating the quality and value of your goods or services to consumers.
There are many elements of a successful brand. Some of these are intangible and cannot be trademarked. For example, a company’s reputation and persona builds over time and cannot be given a trademark. However, a logo, a slogan, an image and even a product’s packaging are all eligible for protection under trademark law. When a consumer sees the company’s brand, it brings to mind the other elements of the company such as its good reputation. This is how successful branding works.
With all that said, creating a successful brand is not quite as simple as it seems, especially if you intend to protect elements of your brand through trademark law. Say you are starting a business or company and have chosen all the trademark-eligible elements of your branding. However, when you attempt to register your trademarks, the United States Trademark Office responds with a denial.
This might happen if another person has already registered a close match to your chosen marks. It happens more than you might think and results in a huge waste of your time and your resources. Fortunately, you can mitigate these hardships by consulting with a trademark law attorney. In addition to conducting an extensive trademark search, a lawyer can assist you in other ways to protect your brand from infringement.
Source: Entrepreneur, “Protecting Your Brand with Trademarks,” John Williams, accessed July 27, 2017