Trademark and Brand

Trade and service marks are the cornerstone of any product marketing or brand development. Without a trademark there can be no brand. Without a brand it is much more difficult to sell products. Often business persons will try to save legal fees on obtaining and protecting their trademarks and trade name only to discover later that another company or person has already adopted and begune to use a same or similar term for related goods. The newcomer is therefore prevented from adopting and using the name.

In many cases, the business person finds out about the existence of the pre-existing use of the trademark or service mark only after they have started a business, made product with the logo on it and begun to sell the product or service in the market place. The following example illustrates how failure to take simple precautionary steps can result in loss and trouble. A restaurateur opend a new pizzeria in town. He bought signs, made up menus, created a website and started advertising. Shortly after the advertising campaign began, the restaurateur received a cease and desist letter from a person who had trademark rights in the name that he chose. The restaurateur was forced to come up with a new name for his business. He had to redo his entire brand and recommence his advertising. The person wasted thousands of dollars in legal and marketing fees. Regrettably, stories like these are not uncommon.

All of this could have been avoided if the restaurateur had spent $250 on a search and paid an attorney for some advice. This example is just one way that consulting with an attorney while you start your business can save you time, expense and aggravation at a time when you can least afford it.

Protecting your trademark means not only protecting your brand but also may have the acillary benefit of protecting your corporate name and web presence.