any evidence of actual confusion by consumers.the strength of the trademark owner’s mark.the similarities of the goods and services involved (including marketing channels used).the similarity between the two marks (including the look, phonetics, and underlying meanings).Proving Confusion in the MarketplaceĬourts have generally looked at the following eight factors to determine whether there is a likelihood of confusion among consumers: Obtaining a federally registered trademark gives you greater protection, including notice of the federal registration, presumption of validity, nationwide protection, the opportunity to gain incontestable status after five years on the federal trademark register, and the use of the ® symbol. The best way to prove both that you own a valid trademark and the priority date you acquired that trademark is to file an application to trademark a name and logo. that the infringer’s mark is likely to cause confusion in the minds of consumers about the source of goods or services.that it has priority (that its rights are “senior” to the infringer).To support an infringement claim in court, a trademark owner must prove: Requirements to Assert Your Trademark Rights in Court What is Trademark Infringement?Īccording to the USPTO, “trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.” For trademarks, that means you need to separately protect all your branding: separately trademark a name and logo, as well as any slogans or catch-phrases. For patent protection, that means each element of an invention that can be separately copied, must be separately patented. When creating an intellectual property strategy for your company, it’s important that every element that is separately stealable is also separately protected. Separately Stealable Needs to Be Separately Protected Failing to trademark a name and logo leaves your business vulnerable to copycats who could use your logo with a different name. You can see that logos alone can readily identify companies even without including the trademarked name. How Easily Can You Recognize These Logos Even Without the Brand Name? Brands that we like trigger activity in the part of the brain associated with positive emotions and self esteem. It takes just 400 milliseconds for our brain to recognize a logo and respond. A Logo is a Brand’s #1 Identifierħ5% of people recognized a company solely from its logo. And bad knockoffs using your trademark can ruin your reputation in the marketplace if customers incorrectly associate their bad experience with your company.īut you first need to apply to trademark a name and logo for your business if you want to maximize your ability to assert your rights and stop competitors from infringing on your brand. When customers buy from a competitor because they’re confused by the infringement of your trademark, you lose sales that should have been yours. If another company uses your trademark, either your name or logo, your company can lose sales and reputation.
Companies can then build the reputation of their brand, so customers will choose to buy from them instead of their competitors. The purpose of a trademark is so customers can reliably identify the source of goods or services they buy. Trademark a Name and Logo to Protect Your Brand Reputation To protect against these types of infringers, you would need to trademark a name AND logo for your business in separate trademark applications. Trademarks that protect the brand name would not protect against these kinds of copycats who copy the look of a product. But if you look closer, you’ll realize they’re knockoffs: Club Cola instead of Coca Cola. At first glance, they look like the brands you’re familiar with. Trademarking Just Your Company Name Is Not Enough
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