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Once you register a domain name, others cannot use it as their web address. A domain is a lot like a street address or location on the Internet. However, this does not automatically mean you can register it as a trademark protected by the federal government for your products and services. Whether it can also function as a legally protectible brand that adds value to your business depends on what you choose, so choose wisely.
The answer often depends upon whether you have chosen to market your...
•Trademark Protection For Individual Names - A "Poison Pill" For Cybersquatters
Should I register my individual name as a federal trademark?
The unequivocal answer for celebrities, sports figures, published authors, speakers and individuals marketing goods and services under their individual names is, "Yes."
A registration allows clients and counsel to act quickly to prevent unauthorized use of individual names for marketing of competitive goods and services, a practice which is exploding on the Internet. Just as major corporations set up a "poison pill" to prevent...
•Trademark Selection - Investigate Before Launching Your Brand
Growing and protecting the value of your company's brand begins with proper investigation prior to making a final selection. Investigation and Selection are the first two steps on the path to building a strong brand and managing long term risks. Rome was not built in a day and neither were global brands such as NIKE or STARBUCKS. Starting a new business is exciting, but does not come with an insurance policy.
However, a prudent business owner can minimize risks by learning and following the...
•Build Your Brand Through Trademark Licensing
Owning a trademark provides rights in the property, just as owning any other type of property. Like real property for example, other people are allowed to use your property as long as you give them permission. In the world of trademarks, a "lease" is called a "license." Some of the most successful businesses in the world have resulted from "controlled" global licensing, sometimes called franchising. "Controlled" licensing permits a third party to use the mark according to the terms of a...
•Trademark Enforcement - Protect Your Brand
The path to a great brand is littered with casualties. Many of these casualties are members of the "once were, now has been" brands. Brands are lost because their owners register their trademark and forget about it, believing they are off the hook. To build a lucrative brand that will not become a "has been" you must protect yourself by enforcing your trademark from brand bandits that are ready and eager to benefit from your success. Registration is the beginning. Enforcement in the digital age...
•Top 5 Misconceptions in Brand and Trademark Selection
What "word" or symbol will you choose for your trademark to distinguish your goods or services from those of another? Trademark selection can be very tricky. The goal is to choose a mark that is distinctive and will not be confusingly similar to someone else's mark. At the same time, you want a mark that is a shield as well as a sword. This means you don't want to be sued, but you also need the ability to enforce your own rights against third parties who come too close to your playground. Your...
•Selection Without Investigation is Like Playing the Lottery
Our discussion under Investigation points out the benefits of a proper investigation or search before making a final selection. My motto is "Search for the intersection where Selection Meets Protection."
What factors should I consider when selecting a term? The determining factors vary in importance depending upon what your investigation reveals. However, everyone should consider the strength of the mark, namely, is it strong or weak, and where it fits on the continuum of marks?
What is a...
•Trademark A Band Name - The Legal Battle Over "Black Sabbath"
In mid 2009, Ozzy Osbourne launched a lawsuit against former band mate Anthony Iommi over the rights to the famous BLACK SABBATH name. As a trademark lawyer with a music industry background, I have litigated and registered dozens of band names. This charade once again serves as a reminder to successful trademark owners, and even aging rock stars, "It's all about the brand stupid." Ozzy is claiming rights to 50% of the name and merchandising royalties garnered by former band mate Iommi, who...
•Branding - Intangible Assets Increase The Value Of Your Business
Although business owners may believe the product you sell is the most important part of a business, think again. It might seem strange, but your company's most valuable asset is often intangible, the brand. The brand is the intangible asset or name that the public associates with the product. Creating a brand registration and enforcement program for your product is the only means to protect your most valuable business asset.
In 2003, intangible assets and goodwill constituted 74 per cent of...
•XEROX Trademark -Prevent Brand Genericide With Proper Use
Internet entrepreneurs often fail to learn and observe the basic rules to INSURE valuable intellectual property rights, including their trademarks and brand names. Learn the proper rules of trademark usage lest you awake to learn that your most valuable business asset has been lost.
Rule No. 1: A generic term is not a trademark.
Already have a headache? Take an aspirin. Yes, once a trademark, now a fallen victim to genericide.
Several important concepts as to "generic" usage and its impact...
•Top 10 Branding Mistakes That Diminish Business Value
Branding is one of the most important parts of any business and successful branding starts with the registration and maintenance of trademarks. Filing a trademark application might seem simple but in reality, it is the steps you take both before and after the application that really count. In the branding process, companies often face a fork in the brand path, one direction leads to Brand Distinction and the other leads to Brand Extinction. Here are the top ten branding mistakes to avoid so...
•Intellectual Property Law - Trademarks And Branding Made Easy
Intangible assets such as trademarks, copyrights and patents have the same basic attributes of ownership as any tangible property. Then why do they seem so confusing? While the attributes of ownership for intangibles are the same as for those you touch, the nomenclature, i.e. the labels used to describe the rights in intangibles, are different from that which we learned with respect to hard assets. Learn the language of intangible assets and you will be on your way to a better...
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