To create legally enforceable rights in your new brand, use more than just descriptive words. Avoid using generic phrases or using "SMART" or "Best" when labeling your product or service. Obtain agreements from all parties involved, including third parties, to assign rights. Conduct trademark clearance searches to identify rival uses and validate your proposed brand. Consider geographic areas and alternatives for clearance, such as online searches or legal counsel. Consider using specialized firms for thorough searches and interpreting similar trademarks or brands. Consider hiring legal counsel for customized clearance searches, risk assessment tools, and brand-choice advice.
If you have obtained brand clearance and are ready to start using your brand, it's crucial to submit a trademark registration application as soon as possible. The first entity to file the trademark will typically have exclusive rights, with the United States being the biggest exception. Registering the trademark in the countries where you intend to use it and produce the goods it will identify is financially feasible. Most trademark offices allow owners to submit applications online, but hiring knowledgeable legal counsel is the most affordable option. After submitting the application, the trademark office will examine it carefully and may provide advice or objections in the form of an office action. To protect your brand, conduct trademark clearance searches, boost brand awareness, and register it as a domain name. Online brand monitoring is essential to ensure your brand is not abused or misappropriated online. Legal advice can help with domain name infringement and take more assertive legal action if infringement involves true counterfeiting.
