Here are the Top 10 Branding Mistakes
You’re a genius! You’ve come up with the most original, mind-blowing, market-shattering brand name imaginable – and you’re already getting it out there with marketing materials, through your network, on the web. All that’s left is to officially secure the trademark.
Not so fast. Are you sure your brand name is well positioned for trademark registration and protection? Check yourself against these top 10 Branding Mistakes from our contributing trademark experts at Hodgson Legal to confirm you’re really the genius you think you are. Avoid these branding mistakes through knowledge and understanding.
1. Selection and use of a word or phrase without conducting an adequate proper search and investigation.
“Failure to properly investigate prior to use can be considered evidence of bad faith if sued.”
2. Failure to develop a plan to position the brand in the market with a clear zone of protection.
“A trademark is a shield and a sword. Stake out your turf and fence it in.”
3. Adoption and use of weak terms that describe the goods and services or which contain the generic term of the product, making legal protection difficult if not impossible.
“Terms which describe the goods or services, or the characteristics or qualities of your goods and services are not registerable.”
4. Incorrect Use of trademarks in advertising and marketing materials leading to loss of rights.
“Brands should be used as adjectives, not verbs or nouns for the goods or services.”
5. Filings which are either too narrow, or overbroad, leading to increased risks of rejection.
“Do it yourself, but only if you understand what you are doing Up to 80% of all filings receive a rejection from the Trademark Office.
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Then, head on over to the USPTO website or consult a trademark professional and get the process started.
Contributor: Hodgson Legal guides a wide variety of clients to increase business value by growing and protecting strong, well-managed intangible assets.