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Protecting your Unique Fitness Brand with a Trademark
- 20 July, 2018
- Nyall Engfield
Trademark protection will ensure your fitness brand stays yours.
With the fitness market booming at the moment, and in constant flux, it's no wonder there are many new brand names entering the fray every day. Since commerce and social sharing is nationwide due to social networks and the Internet generally, it's quite common for two or more fitness programs to have trademarks that are similar.
This generates problems for the brands as they expend, since typically they must either i) lock down their brand using a trademark, to prevent others from using that name, and then enforce those rights, or ii) change their name and lose all the hard work and brand building they have made. Nobody wants to be in the second category, by the way!
Trademarks are a cost-effective way to ensure the name is yours, and that you can expand across the US with that name. When a trademark application is filed, the Examiner will perform a search and compare the trademark to pre-existing trademarks to make sure it is not confusing with other registered marks. We also perform a direct-hit search before we file to let you know about those confusing marks before you file the application. Once the trademark registers, it gains a presumption of validity, and can be enforced across the United States.
Over time, you'll also need to police the mark to make sure that competitors do not adopt names similar to your to try to benefit from your goodwill. If you find someone using your mark, you can stop them with notice of your trademark. Trademarks are also useful for having content removed from the web that uses your trademark. Contact us today to protect your fitness brand with a trademark.
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