Top Strategies to Develop and Protect Your Brand

Branding matters. A brand is how companies can distinguish themselves and communicate their message to their target audience. Developing and protecting a brand can make a big difference. At Perkins Law — Brand Protection, we provide comprehensive legal guidance and support to companies and organizations in Florida. Here, our Florida brand protection attorney highlights the top strategies to develop and protect your brand.

Companies Should Conduct a Comprehensive Trademark Search Before Investing in a Brand

Building a brand can be a very big investment. For that reason, it is a best practice for a company to clear its brand before investing in it. A preliminary trademark search is not enough. A proper clearance review evaluates federal registrations, state registrations, common law uses, and domain names. The legal standard is likelihood of confusion. If a similar mark exists in a related field, the company risks refusal, opposition or infringement claims. That risk can force a rebrand after significant investment. If you have any questions about trademark searches, an experienced Florida IP law attorney can help.

Businesses Should Register and Maintain their Trademark Rights

Trademark rights arise from use. With that being said, formal registration provides significant advantages. A trademark can be registered at the federal level with the United States Patent and Trademark Office (USPTO). A federal registration creates a presumption of validity and ownership. It provides nationwide priority as of the filing date and allows the owner to rightfully and lawfully use the ® symbol. This serves as notice of ownership and exclusive rights and it may also deter third parties from adopting similar marks. Registration also allows enforcement of trademark rights in federal court and access to statutory remedies in certain cases.

Companies Should Be Consistent in the Use and Development of their Brand

One of the most important things to know about intellectual property law is that trademark rights depend on consistent use in commerce. A company must use its mark in a manner that identifies the source of goods or services. Inconsistent use of a trademark -for example, modifying the spelling, logo design or presentation of the mark- can weaken the mark or create ambiguity. With that in mind, a company should adopt clear brand guidelines. These guidelines must apply across all marketing, packaging, and digital platforms to ensure consistent use and presentation of the mark. An experienced attorney can help you ensure that these rights are protected.

Businesses Should Monitor, Enforce, and Defend Against Infringement 

A brand owner must police its rights. Failure to act against infringing use can weaken the mark and limit remedies available to the owner. Accordingly, companies should monitor trademark filings, online marketplaces, and competitor activity for potential conflicts and unauthorized use. When infringement is identified, the company must act promptly. A proactive approach is a must. It can often start with a cease and desist letter and/or the negotiation of a resolution. If informal measures fail, litigation may be necessary to stop unauthorized use and even recover financial damages.

Call Our Florida Brand Protection Lawyer Today

At Perkins Law – Brand Protection, we are committed to helping clients grow their businesses. If you have any specific questions about brand protection, we are here to help. Please do not hesitate to contact us today for a completely confidential, no obligation initial consultation. With an office in Boca Raton, we serve clients throughout South Florida and nationwide.