skip to content
blog home Intellectual Property Protecting Your Trademark from Infringement

Your trademark identifies your company and your products. It’s on your storefront, your letterhead and business card. When your clients see your trademark, they come to expect a certain level of quality. Therefore, you must protect your trademark to ensure that others do not infringe on your business or ruin your reputation.

There are three strategies that you can implement to protect your trademark:

  • Use your trademark correctly and consistently.
  • Monitor all potential infringements.
  • Crack down on companies who trespass upon your trademark turf.

Of course, some trademarks are easier to protect than others. You will have an easier time protecting your trademark if it is unique and suggestive. It can prove impossible to protect a trademark that is generic and common. You want a trademark that creatively conveys the nature of your business. Alternatively, it is easier to protect names that are totally arbitrary or fanciful. For example, naming a computer company after a fruit is arbitrary, yet secure. Making up a fanciful or novel name that didn’t exist before is also a solid strategy.

Once you’ve landed on a suggestive, arbitrary or fanciful trademark, you will have to make sure that no one else is already using it. You can use the U.S. Patent and Trademark Office’s website to search for similar registered trademarks. You may even want to hire a company to help you search for similar trademarks.

Now that you have your trademark, you will need to start using it. Display the sign of your trademark and put the registered trademark symbol next to it from time to time. Many companies use the little R in a circle sign half the time and the TM the other half. This will alert others of your trademark and make it clear what is your registered mark.

It can also prove useful to set up Google Alerts to notify you if your trademark is ever mentioned. Misspelled phrases and those similar to yours should be carefully monitored. You may even consider hiring a company to stay abreast of similar trademarks for you. If you feel that your trademark has been infringed upon, do not hesitate to fight back and protect your business and contact us for more information.

Related Articles:

By admin August 18, 2015

Franchising Guides

The Ultimate Guide to Franchising Your Business

New to franchising? Do you want to learn more about franchising your business, where to start, the steps, and how to know if you are doing it right?

Learn More

Is Your Business Franchisable and Should You Franchise?

Franchising may be the next big step for your business and represents an opportunity to grow your brand. So, how do you know if franchising is right for you? How do you know if your business is franchisable and, if it is, whether or not you should franchise your business? To answer these questions you must evaluate whether or not your business is franchisable and, if it is, whether or not your individual goals and your business goals align with franchising and establishing a franchise organization responsible for on-boarding, training, and supporting franchisees.

Learn More

Licensing Vs. Franchising

When considering expanding a business both franchising and licensing are possible options. Each option however comes with different rules and regulations. Prior to moving forward with franchising a business or licensing a business it is important to understand the differences and how each may have an affect on you.

Franchise Lawyer Charles N. Internicola wrote “Licensing versus Franchising” for the very purpose of allowing successful business owners to understand the difference between licensing a business and franchising a business.

Learn More

Guide to Selecting a Franchise Lawyer

If you have questions about franchise lawyers, what they do, how they can help, the cost, and how to select the right franchise lawyer for you, then this guide will help.

Franchise lawyers advise and represent individuals and businesses on legal issues that involve franchising a business, preparing an FDD, filing and renewing FDD registrations, buying a franchise, and litigation involving the franchisor and franchisee relationship. The role of a franchise lawyer varies depending on whether he or she represents the franchisor or the franchisee.

Learn More

Item 19 Financial Performance Representations

Check out our guide where we discuss how to plan and properly disclose Financial Performance Representations in your FDD.

Learn More

Franchise Sales Compliance Guide

Are you a franchisor or a part of a franchise sales team? Do you want to learn more about franchise sale compliance and ensure that your sales practices comply with franchise laws and are consistent with best practices? Then this guide is for you.

In this guide you’ll learn the fundamentals of franchise sales compliance including the franchise laws, regulations, and best practices that your team should have in place for every franchise sale.

Learn More
Close Overlay

Let’s Talk

With services to make your growth strategy simple, cost effective, and with a team excited to help you, let’s talk about how we can help grow your business.

Fill out the following form and we’ll contact you as soon as possible. To reach our team directly, give us a call at (800) 976-4904.