No trademark: possible problems down the road?

Discussion in 'Growing and Managing a Business' started by philipm, Jan 20, 2014.

  1. philipm

    philipm
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    I am expanding a small, part time seminar business into a much larger scale, eventually covering all of North America. I'm unable to trademark my current business / product name, and am wondering how important this is for the success of my business. I'm not familiar with how it all works, but imagine there are various factors to consider.

    I'd love to hear any advice, or suggestions, to help me understand the situation.
     
  2. bizwizgenie12

    bizwizgenie12
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    Trademark Infringement Is Always A Risk

    Hi,

    When nobody knows about your business, the competition is relatively less and you can sell your products / services without let. But when the profile of your business starts rising - either because you have begun investing heavily in marketing or your customers have begun buying your products/services on a decent-enough scale, then competitors immediately start looking for ways to share of your success. This they might do by coining names that sound or look verisimilar to your business name, or using advertising that makes it appear that it is coming from you, etc. Their plan is to create an illusion in the prospective customer's mind that they are buying the genuine thing when in fact they are not. Besides credibility, this can harm your profitability in the short and the long run.

    The solution therefore is to set aside adequate money to apply for trademark registration, and also be mentally prepared to litigate when you find your turf is being infringed upon. There are trademark attorneys who can assist you in this job. Or you may Google keywords like "trademark infringement", "trademark attorney" etc.

    Hope this helps.
     
  3. Business Attorney

    Business Attorney
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    You say "I'm unable to trademark my current business / product name" Why? Do you just mean you don't have the money to pay the filing fee right now? Do you mean that the mark is merely descriptive and not one that can ever be registered? Do you mean that you can't register the mark because of a competing mark?

    The answer to your question will differ depending on the facts.
     
  4. tomkin1

    tomkin1
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    I would agree that your problems most likely won't arise until you grow into a sizable company. Anything you create gives you the primary ownership of the intellectual property even if you haven't filed paperwork. Anyone who mimics what you are doing and tries to steal your intellectual property could have legal action taken against them. The problem is that the cost of pursuing these people will come out of your pocket. If you are constantly improving and developing your product I honestly wouldn't worry too much about it. Stay so far ahead of your competition that they will always be nothing more than a "me too" version of your original material.
     

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