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:

Reduce your risk of sun burn and skin cancer:

Reduce your risk of trademark disputes/problems:

Wear sunscreen

(higher SPF = more protection)

Choose a good name

(more distinctive = more protection)

Apply sunscreen thoroughly

Conduct a thorough clearance search of state, federal and common law records

Stay in the shade under an umbrella

Register trademark with USPTO

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?

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One Response
  1. Claudia says:

    I liked your analogy!

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