In case you can’t tell from the post title, I’m at the beach on spring break with my family this week. Of course, I am still thinking about trademarks!
Protecting a trademark is just like protecting yourself from the hot sun:
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Reduce your risk of sun burn and skin cancer: |
Reduce your risk of trademark disputes/problems: |
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Wear sunscreen (higher SPF = more protection) |
Choose a good name (more distinctive = more protection) |
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Apply sunscreen thoroughly |
Conduct a thorough clearance search of state, federal and common law records |
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Stay in the shade under an umbrella |
Register trademark with USPTO |
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Re-apply sunscreen periodically |
Monitor trademark for infringements |
Would you spend all day in the sun without protecting your skin? You would risk sunburn, pain, and maybe worse. A few proactive measures greatly reduce these risks.
Would you launch a new company or a new product without protecting the brand name? You would risk legal fees, changing the name, having a non-unique name, and/or having a weak unenforceable name. A few proactive measures greatly reduce these risks.
I think this is actually a pretty good analogy. What do you think?
image from SkinCancer.org
I liked your analogy!