Protecting Your Business From Trademark Disputes

You’ve overcome many challenges as an owner to build your small business in Michigan, but it’s just as important to take steps to protect it. And this includes intellectual property, such as trademarks. Officially registering a trademark can ensure that only your business can use it for marketing purposes, and recognizable names, logos, and slogans are an important part of your company’s brand identity. But if you’re not sure where to start with trademarks or how to ensure you aren’t infringing on a competitor’s, it can lead to legal trouble later on. 

The attorneys at Kendal Law Group PC help clients take proactive steps to avoid trademark disputes from the very beginning, and understanding how trademark rights work and how to protect your own can give you one less thing to worry about as you continue to build your business. Here are some simple steps to take to protect your brand and reduce the risk of trademark infringement claims.

Conduct a Thorough Trademark Search 

One of the most important things you can do to protect your business from a potential trademark dispute is to perform a thorough trademark search before using a new logo or name. While avoiding any similar marks within your industry is critical, it’s a good idea to check for any well-known trademarks in other industries or within greater Michigan. Even if it’s not directly trademark infringement, using a similar logo from another industry can create brand confusion and make it harder to establish your own brand identity and recognition. 

An attorney can play a key role in this process, particularly for small businesses that may not have internal legal departments to handle these tasks. A business and intellectual property attorney can perform a comprehensive trademark search both federally and within the state of Michigan and provide advice on the next steps if the mark you want to use already exists.

Avoid Using Anything Similar to a Trademark in the Same Industry

When searching for trademarks, look beyond exact matches. It’s also essential to make sure there aren’t any existing marks that are too close phonetically or visually. If a judge believes that an existing trademark is similar enough to yours, it could mean that you have to stop using it and rebrand your company. Two of the most important aspects to consider when ensuring your trademark is unique are geography and industry. 

Trademarks are generally limited within the industry. For example, if the business name you want to use for your coffee shop is already being used by a tech company in Michigan, this might not violate any trademark laws because the industries are entirely different, and there isn’t likely to be any confusion for potential customers. However, if the same-named company in another industry is located in the same town as your small business, it may still be better to make another choice for clear brand recognition.

Register Your Business Trademark

Once you’re sure that the mark you want isn’t already in use, it’s critical to register your trademark as soon as possible. This should be done federally with the United States Patent and Trademark Office and the Corporations Division of the Licensing and Regulatory Affairs Department for Michigan. This creates a public notice of ownership and gives your business the exclusive right to use the mark when selling or marketing goods or services. 

An attorney can help you determine where to register your trademark and ensure the application is filed correctly to avoid processing delays. If there are any challenges to the trademark, an attorney can also respond on your behalf. 

Keep Clear Records

An essential part of protecting yourself against trademark infringement claims is establishing and maintaining your rights to the marks. This means keeping clear records and documenting when and how you first started using the trademark to market your goods or services. Keeping copies of marketing materials, website markups, and product labels can also show that you were continuing to use the mark. If there is ever a dispute about which business was using a mark first or whether you had let your rights lapse, this documentation can be invaluable. 

Regularly Review Trademark Registrations

Checking for trademark registrations before you begin using a slogan or image isn’t enough. Businesses also need to continue to monitor trademark databases to look for any potential conflicts in new filings. Keeping an eye on competitors in your area and industry can also help you quickly identify someone infringing on your marks and take action before they can accuse your business of the same.

An attorney can help with this process by drafting letters to competitors who are trying to register a similar mark and ensuring that your registrations and renewals are up to date. 

Seek Legal Guidance Before Problems Arise

Many businesses wait until they have been accused of trademark infringement to get an attorney involved, but this puts them in a reactive, defensive position. Working with a business attorney to protect your intellectual property and ensure any marks you’re using for your branding are unique can prevent issues before they start. A proactive approach can also save your business time and money and ensure your company’s reputation and brand image aren’t challenged. 

Whether you’re exploring a trademark for a new brand logo or you’ve been served a cease and desist letter from a competitor, the business law attorneys at Kendal Law Group PC can provide strategic advice and help you navigate any potential disputes. Contact our office in Bloomfield Hills at 248-609-1718 to talk to a lawyer about your concerns.