Tips to Combat Trademark Misuse

A San Diego trademark attorney at Gehres Law Group, P.C. provides assistance with trademarking your intellectual property and can offer advice and assistance on how your company can best protect your trademarks. San Diego Trademark Attorney

Trademark infringement is costly and has the potential to adversely impact your brand identity if substandard products are made with your mark and cause confusion among consumers.

Protecting your trademark is important, so your business should explore the various methods for policing its trademarks, and be prepared to take swift action in the event of infringement. A few of the many options to police your trademarks include the following.

Enlisting the Aid of Employees

Employees are on the front lines, regularly interacting with other people in your field. Employees may be tasked with monitoring competitor behavior as part of their job in growing your brand’s reach. Employees may also be compelled to attend conferences, read industry periodicals, attend trade shows, or otherwise keep abreast of new developments and emerging startups in your industry in order to gain more knowledge about the company’s competition.

When employees are taught how to monitor a company’s trademark for misuse, employees often identify infringement simply because they are engaged in the industry and are exposed to the infringers during the normal course of performing their job duties. Employees should also be taught an appropriate, risk-free protocol for reporting infringement, so the company can take prompt action.

Monitoring Internal Trademark Use

Employees also should be trained on the proper use of trademarks while working within an organization. It is important to provide clear guidelines on trademark use to employees, so a trademark is never utilized in an inappropriate or unlawful manner. It is also a good practice for companies to monitor marketing materials, press releases and other customer-facing documents to evaluate how their trademark is being utilized, and whether its use is appropriate.

Searching the Internet and mobile applications

Your company – or a San Diego trademark attorney assisting your company – can regularly conduct Internet searches and searches of mobile app markets to identify potential infringement. An effective search will generally require searching not just your exact mark, but also phonetic equivalents and commonly misspelled words. A manual search can also be augmented by the use of a search engine alert which sends a notification in response to chosen keywords.

Using a Trademark Watching Service or Ordering a Search

There are services which monitor trademark information available from the United States Patent Office and which monitor newly published trademark applications within a specific territory. If there are confusing or similar marks submitted to be trademarked, the trademark watching service will provide notice to the trademark’s owner so the owner can take quick action to protect the company’s intellectual property.

For companies not using a regular trademark watching service, it’s also possible to periodically order a trademark clearance search report. You can request that key terms related to your company’s mark be searched. Ample information will be provided in a trademark clearance search report, including details about trademark registrations with the state and federal government, as well as common law trademarks, business name registration, and  domain name registrations. A careful perusal of the report can reveal whether potential infringement has occurred.

Getting Help from a San Diego Trademark Attorney

A San Diego trademark attorney at Gehres Law Group, P.C. will help you protect your trademark by taking swift action if it is discovered that your trademark is being misused. Contact our trusted and reliable legal team today to find out the various ways in which our trademark attorneys can assist you in protecting your intellectual property and otherwise achieving your business goals.

Give us a call at 858-964-2314 or contact us online to find out more about the ways in which our legal group can assist you with your intellectual property needs.

By | 2018-01-24T08:09:25-08:00 October 2nd, 2017|trademark|Comments Off on Tips to Combat Trademark Misuse