TRADEMARK INFRINGEMENT / Cavities

Say Ahhhh!

Say Ahhhh!

Does your trademark have cavities?

 

I just got a call from my dentist telling me that it has been 6 months since my last dental check-up. The dental industry claims that if we get a check-up regularly we will be able to fix little problems before they are big, expensive, and painful problems.

 

When was the last time that your trademark had a check-up?

 

You may ask what do cavities look like in a trademark?

 

There are several different types of cavities.  Sometimes they start out small, with someone using your trademark in a city thousands of miles away in a place where you do not do business.  They might not know they are using the same trademark, and for a while you do not care and they do not care.  Then the cavity gets bigger as they get an on-line presence.  Now when people search for your trademark, they find the other company.  Then it starts to rot when the other company delivers bad service and gets negative reviews on the internet, and people start associating your trademark with poor quality service and a company to avoid.  At this point, it will take a lot of time and money to stop the other company from using the trademark, and to clean up the on-line review mess.  Sometimes it is cheaper to pull the trademark, and invest in a new brand.

 

Another kind of trademark cavity is where someone sees your trademark and the brand you have built.  They see that you have done well to associate good feelings with your brand and trademark, and they want people to have those same good feelings when they see their trademark, so they begin using a brand that is similar to yours.  They get people to think of your brand when they see their brand.  If this continues your trademark and brand becomes obscured by the new competing brand, and your trademark does not stand alone as it did before.  If this continues it can be harder to enforce the trademark against other infringers and this infringer, because it is harder for a court to say that you have a clear separate identity with your brand that should be protected.  Without the power of enforcement, you lose your competitive advantage, and your brand becomes one of many that is similar to yours.  At this point it is very expensive and difficult to restore the brand and trademark to the status it had before.  It can be done, but it will not be painless.  Pulling the brand and starting with a new brand may be necessary.

 

There are other kinds of cavities, and some of these exist when a company selects a brand and trademark.  Cavities that exist before you start with a brand can still be removed, but they will be more expensive and difficult to fill.

 

I help companies fill the cavities in their trademarks. I also help companies examine new brands and trademarks to determine if there are pre-existing cavities.  Most importantly I help companies to regularly check their trademarks and brands to determine if there are any small cavities that can be filled before they become big and threaten the entire brand.

 

Call Inspired Idea Solutions Law Firm to schedule your trademark check-up.

602-361-9017

www.InspiredIdeaSolutions.com

 

If you think your trademark may have a cavity, or you want to prevent one, then CALL TODAY.  We can work on protecting your trademark, and the sooner we start the better.

 

If you have a cavity in your tooth, go see a dentist.  Don’t try filling cavities in your teeth without the help of a dentist, or cavities in your trademarks without the help of an experienced trademark attorney.

 

Copyright 2014 Inspired Idea Solutions, LLC

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