We have learned so much over 25+ years in business and more than 5,000 USPTO trademark registrations for our clients. Here are 25 of our top tips:
- Technology is great. Technology is part of what allowed me to launch the firm in 1999 by building a website and competing to get in front of the eyes of business and brand owners all over the country, and was really the initial foundation that helped to build the firm.
- Human touch can be more important than ever. We’re always making human contact with our clients and working to provide real service that cannot be automated or done by a machine.
- Perseverance. Perseverance has been key to my career, to building the firm through economic good times, bad times, strange times and lots of other things. Perseverance can also be key to a brand and getting through the trademark registration process.
- Don’t be a perfectionist. When it comes to applying for trademarks, for doing work in disputes and proceedings, we are very, very careful and perfectionist. But in many other ways in life and in business, we have to accept that being very good at something and being able to do it and move on is an extremely valuable tool. Being a perfectionist can sometimes be a drawback because we can get sucked into one thing lose sight of all the other things.
- Sometimes slower is better. We try to get things done as quickly and efficiently as possible for our clients, and we try to get the trademarks registered as quickly as possible. But sometimes going slow is helpful to the registration process, and we have to sometimes step back and realize that’s an important thing we’ve learned along the way,
- It does not matter how much money you have. Big businesses can get trademark registration. Small mom and pop businesses can get trademark registration, and they get the same bundle of rights.
- Small businesses actually benefit from the registration more because they don’t have the other tools—namely deep pockets—at their disposal to deal with headaches, issues, disputes, and infringements when they come up, so registration’s even more valuable for them.
- It’s better late than never. Sure, it would’ve been great if a brand that launched five years ago had registered their trademark from the outset, but if they haven’t registered yet, they’re better off registering it now than a year later or not. Registering is always better late than never.
- Prior preparation prevents poor performance. This is a phrase used often in the military, and it’s also applicable to the trademark registration process. Knowing all the details, planning for it as much as possible upfront in preparing the application is immensely valuable. That’s something we’ve really honed in on over the years.
- Beware of scammers. Unfortunately, this is high up on the list because we have to advise clients literally every week and sometimes every day about the different scammers that are trying to take advantage of them because their trademark information is in the public records.
- Brands are some of the most valuable assets that a business owns. Yes, a business may own real estate, it may have employees who are tremendously valuable. It may own patents or other intellectual property, but the brand itself is one of—if not the most—valuable asset for many businesses.
- Give back. You get even more than you give when you give back. We’ve strived for many years to give back in a whole lot of ways, whether it’s mentoring law students, junior attorneys, whether it’s our pro bono programs or other different ways, we’ve always strived to give back, and that’s something that’s very meaningful to our values here.
- Nonprofits have brands too. This is something that’s important because a lot of times nonprofits don’t necessarily think of their brand in the same way that a corporation or business would. But of course, in order for the nonprofit to do its outreach, to collect money, to help its members, to do all of these things that it’s involved in, it has a brand that is central to its operations, and that should be protected as a trademark, just as any business name should be protected.
- When it comes to trademark registration, the whole is greater than the sum of its parts.
- Practice what you preach. This one is near and dear to me. You would be astonished at how many other trademark law firms don’t even have their own brands protected and registered. We have a portfolio of over a dozen trademark registrations, and we are very cognizant of our own branding because we like to practice what we preach.
- Bold brands leave lasting impressions, and boring brands don’t get very far. A bold brand name is much better to make an impact in a marketplace.
- Suggestive trademarks are my favorite. They’re not way out of left field and completely arbitrary or random. They’re not overly descriptive and harder to protect and weaker. They’re in the middle, they’re creative, but they give a hint or a suggestion about what the goods or services are.
- Think big. Every business when it starts and launches should prepare for the eventuality that they become tremendously successful and well-known and plan their brand accordingly.
- Teaching. I’ve been fortunate enough to teach webinars, law students, other attorneys, and elsewhere over the years. When teaching, I learn too. Teaching keeps me on my toes, and I really feel like I’m getting as much out of it as I hope the students are.
- The return on trademark investment (ROTI) is a tremendous value. By investing in trademark protection, you are getting more out of it than you spend because of all the benefits of trademark registration, trademark monitoring, and other trademark investments.
- If you discover infringement, acting quickly makes it much easier generally to deal with such a situation. That’s an important tip when it comes to trademark applications and trademarks.
- Trademark applications are as much an art as a science. Yes, they’re part science in that there are known elements and rules and specifications, but there is as much of an art and nuance that goes into it that interacts with the science of it,
- “An investment in knowledge pays the best interest.” -Ben Franklin. What I mean by this is I keep learning to get better. There’s always new things to learn and ways to improve.
- Watching clients’ brands grow and succeed over time is the most rewarding part of what we do. Oftentimes, we’re working with brands before they even launch, and seeing them launch, grow, become successful, make a difference for their clients and customers, and grow in value and economic success is tremendously rewarding and tied to the importance of trademarks in that growth and success.
- We have for many years used the sunflower metaphor and been saying that we’ve been Making trademarks bloom since 1999.® We believe that metaphor is a tremendous one in numerous ways because when properly planted and tended to, a trademark grows from a seed to a beautiful, vibrant flower—just like a sunflower.
Learn more about who we are and what we do here.
