10The following is an edited transcript of my video, Preventing Trademark Problems is Like Preventing Cavities.
Preventing trademark problems is like preventing cavities. lieve that is for two reasons. One is doing the work of taking care of my teeth: brushing, flossing, visiting the dentist regularly. A fair share probably is due to genetics, because I know other people in my family have had no or very few cavities as well. At least that’s what the dentist has told me, that I’m lucky to have good genetics.
How does that apply to trademarks? The genetic part of the equation is akin to choosing a creative, bold, unique trademark from the start. Because, if you start with something that is inherently more creative, stronger, more likely to be protected, you’ve done the lion’s share of the work. That first step that is like being born with good teeth genetics, in that you’re set up to succeed with protecting the brand and the trademark. I want to talk more about additional steps that make trademark protection akin to preventing cavities.
To preventing cavities, you want to brush regularly and properly. That’s like using the proper trademark symbols regularly: the TM, the SM, the R with a circle.
You also want to brush frequently, at least twice a day or after every meal. This is akin to making sure that you register with the Patent and Trademark Office, and file early, when possible.
To prevent cavities, you want to make sure you floss regularly as well. To prevent trademark situations, you want to make sure you deal with infringers as needed. You want to monitor, and if you become aware of any copycats, infringers, websites, or social media handles that are infringing on your trademark, you want to deal with them.
Another big part of preventing cavities is eating less candy, less sugar. On the trademark front, you want to make sure you are avoiding descriptive or diluted brand names when you choose a name. That’s what really sets you up for all the other protection to come much easier, if you can avoid a descriptive or deleted brand name from the start.
Finally, to help prevent cavities, you want to make those regular, routine visits to the dentist for cleanings and checkups. And, you can probably guess, the equivalent for helping protect your trademark and your brand, is using an experienced attorney to help guide you through all of these steps, procedures, and registration with the USPTO.