5 TRADEMARK MYTHS
Debunked.
FREE MINI COURSE
Debunking 5 Common Trademark Myths for Entrepreneurs, Small Businesses and Influencers
Watch out for these common misconceptions and myths about trademarks, small businesses and brands!
Understanding these 5 things will help you create, protect and grow your brand while avoiding major pitfalls and getting thrown off track on your business journey.
Here are the 5 myths we'll be debunking:
- "I own my LLC so I own the name of my business"
- “My brand name is spelled differently than another so I’m not infringing”
- “Trademark protection is only important for big businesses”
- “Nobody in my state is using my brand name so I’m in the clear”
- “If another company in a different industry is using a brand name, I can’t use it as well”
What is a Trademark, and Why is it SO
DiAngelo Law, a Trademark Law Firm in Tampa, FL, is here to answer your questions!
In 2023, a business's most valuable assets can no longer be protected by lock and key to a brick and mortar building with a security system. That is because much of the value now comes from intellectual property.
One type of Intellectual Property that every business has, is called a trademark.
Intellectual Property is not limited to trademarks. Copyrights, patents, and trade secrets are a few others that add massive value to a business and require legal protection for the long-term growth and success of a business.
You're not the only entrepreneur curious about intellectual property, so DiAngelo Law, a trademark law firm in Tampa, FL, has provided this helpful FAQ list:
A trademark is what consumers use to recognize a particular brand. A business's name is the most common trademark. Logos, slogans, and even scents associated with brands may also function as trademarks.
Often times an Office Action (trademark refusal) is issued for technical reasons that can be fixed. Other times there may be complex substantive reasons for the refusal, like the trademark is too similar to an existing trademark. Sometimes the solution is responding with a legal argument supported by legal precedence and evidence. Other times the application process has to be started over. In some cases, there is no way to overcome the refusal and you'll have to consider a rebranding. An experienced trademark attorney, like Erica DiAngelo Allen can guide you through the process.
Once you've completed a comprehensive trademark clearance search to determine the risk of going forward with your trademark, the next step is filing an application with the USPTO (United States Patent and Trademark Office). There are many technical requirements that go into making a successful trademark application and getting registration, so working with a business attorney experienced with trademark law is highly recommended.
The short answer is: contracts. Having the right contracts in place is essential to protecting your trade secrets. Keep in mind, just because it looks like a contract doesn't mean it has the effect of an experienced attorney-drafted contract. Intellectual Property attorney, Erica DiAngelo Allen, can help you get the proper measures in place to protect your valuable information.