Know-How Exchange : Taglines/Names

I am not a lawyer, and this should not be construed as legal advice. My experience is predominently in the United States, but I am somewhat familiar with the issues in the UK and most of Western Europe.

Regardless of what you do to "protect" your novel logo and strapline, the only real protection you have will be what you enforce on your own. What trademarks provide is some proof that you created and used the mark as of a certain date, and that you researched the relevant markets to be sure you were not infringing upon someone else's mark.

There are a couple of things that could happen that would require decisions on your part:

First, someone could claim that you are infringing on their mark. Even if it wasn't intentional, or if they are not in exactly the same business, they could claim you are taking advantage of what they've done, and that there is a potential for confusion on the part of your respective target markets.

At that point, it doesn't matter how much research you've done, you have to either fight the claim (with expensive lawyers) or give in and change your mark. The merits of your case are not relevant. You still have to respond and defend your point of view if you want to continue to use the mark.

Second, someone could, at a future date, use a logo or strapline similar to yours and YOU would oppose their right to use it. You'd claim it will confuse your target audience and unfairly take advantage of the equity you've built in the mark.

You would need to identify the infringement yourself, of course. There are no "trademark police" out there looking for violators. And you will have to pay the expensive lawyers to seek injunctions, write nasty letters, etc. -- if you think it's worth the expense and aggravation.

The reason many people don't go the trademark route is that they are not prepared to put money into policing possible infringement. If that's your situation, you might as well save yourself the time and effort (and expense) to register a trademark to begin with.

Hope this helps. Good luck.

Rav --

Michael's answer is pretty much 'on the money'.

Trademarks offer you two kinds of protection.

First, if you formally (i.e. legally) attempt to register a mark, any potential problems to using it can be identified BEFORE you invest further resources in the mark and it's use in a commercial manner. That's defense.

Second, if you do get your mark registered properly it gives you the legal right to recourse in the event of an infringement by someone else. That's offense.

Unfortunately, a trademark doesn't give you the resources (time, money, legal representation) you may need to protect your mark.

You'll either have the resources you need to protect it from infringement or, you'll live with the infringement because you can't afford the recourse you're legally entitled to enjoy but can't afford financially to carry out.

Unfortunately, 'seeking recourse' isn't an easy option for those with thin resources. But avoiding a challenge in the first place still makes the relatively nominal investment you'll have to make to legally attempt to register your mark . . . a good investment and one worth making.

I've been there and 'done that'. Besides, having a ™ is kind of cool. ;-)

Good luck with your mark and new venture!

Bill

I agree with Michael's answer too.

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