Don’t Lose Your Trademark Rights

If you’re not ready to hire a lawyer, but you really want to
protect your trademark, I suggest start using that
trademark in commerce. You can engage in some
commercial activity, make sales, ship it somewhere,
sell something with it. So the risk is that if someone uses that name before you in commerce, now they have rights to that name in that geographic location. So in the event that you
actually do get a trademark or file a trademark, they
could come back and say, hey, I’ve been using this before you, and they would have legal rights to use it in that geographic location. We’ve had instances where
people develop a brand, really excited about it, spend
a lot of money on designers, but wait to file the trademark
because they’re not sure what’s going to happen with that brand. In the meantime, someone
else in another part of the country starts using that name. Now we have a problem,
because now that person who’s using that name in
another part of the country has rights over our client
in the geographic area. The most important thing
is, if you don’t want to spend the money on a
trademark, if you’re not ready to go talk to a lawyer, at
least start using that name, using the trademark in commerce, so you have some geographic,
local protection.

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