Designing a logo is not easy. You want something that really fits with your brand and your vision. You know that it helps to build brand identity, so you absolutely do not want to change it after you decide on it. That could set you back dramatically. As such, this is an area where you cannot make a mistake.
Trademarks get denied for all manner of reasons. In some cases, the government determines that the person who filed for a mark has actually stolen their design from someone else. In other cases, another party simply applied for the trademark first. The list goes on and on.
A lawsuit that started in California in the middle of July targets a brand called Stoney Patch. The company makes gummy candies that are infused with THC. While making edible marijuana-based products is nothing new, the lawsuit alleges that the company essentially copied the popular Sour Patch Kids, which are a gummy candy aimed at children.
Your company is more than the people you employ or the goods and services that you offer. It's all based around your brand. For better or worse, the type of branding that you do defines the business and can determine how much success you have.
You need a great logo when you launch your company. It gives you instant branding power. People will begin to recognize your company and your products at a glance. A strong logo can help you create more brand awareness and connects customers with your company.
Trademark laws exist to help you protect things that are important to your business. Often they identify that business to your potential customers. That's why you trademark a logo, for instance. You want customers to instantly connect it with your brand, and you do not want another company to use it and benefit from your reputation.
United Parcel Service (UPS) has filed a trademark infringement complaint in California, contending a marijuana-delivery business is affecting its branding.
When you discover that someone is infringing on your trademark and using your brand identity for profit and gain, it's time to draft a cease-and-desist letter. Your cease-and-desist letter is a carefully written piece of communication that needs to be written the right way to have the desired effect.
Establishing a trademark is essential for your brand because it will prevent others from hijacking your name and image, and thereby prevent others from stealing your customer base and hurting your business profits. In order to set up the trademark for your business in a legally appropriate way, you may want to work with a California attorney who is familiar with this area of the law.
The secretary of state's office is in charge of maintaining and registering trademarks and service marks in the state of California. The provisions that apply to trademarks and service marks are located in the Model State Trademark Law, which is found in the California Business and Professions Code.