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DIY Trademark

International Expansion and Your Trademark

By DIY Trademark
If you know early on that you intend to expand into foreign markets, it is wise to try to secure your rights in those markets as early as possible. One way to do this is to file an application for International Registration under the Madrid Protocol, an international trademark registration regime administered by the World Intellectual Property Organization.  Again, to be prudent, you would want to conduct trademark searches in those countries where you seek to obtain trademark rights before commencing use of the trademark in those markets. Nike ran into an issue as it grew and expanded into Italy. A cobbler in Italy had already been using the trademark “swoosh” for many years prior to Nike’s creation. Because trademarks are a form of property, rights in many jurisdictions are determined by priority– which party was the first to use...
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FAMOUS, Fanciful & Arbitrary Trademarks

By DIY Trademark
Famous trademarks enjoy a broad scope of legal protection because they are more likely to be associated and remembered in the public's mind, also known as brand awareness. Start-ups and entrepreneurs do not have same level of legal protection as giants with famous brands. But it’s not all smooth sailing for those famous brands either. World-famous brands like Nike, for example, are constantly engaged in legal efforts to protect their brand. The more renowned a company is the more likely that someone out there will try and capitalize (free-ride) off of it. Famous brands often need to file lawsuits against people piggy-backing on their trademark. The reason being is that if others can successfully capitalize on the famous brand without legal ramification, they could greatly harm the business by destroying the value of the good will that has been developed...
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The Trouble With DIY Trademarks

By DIY Trademark
Considering A DIY Trademark application? You May Want To Reconsider. You have a toothache. Do you pull the tooth yourself and save the couple of hundred bucks a dentist might charge?  Hopefully not. Hopefully you see a dentist. Your dog is sick. Do you, to save a few bucks, go online and take a quick dog care course and then treat poor Fido yourself? Hopefully not. Hopefully, for Fido’s sake, you bring him to the vet. You need a logo for your company. Do you take a quick graphic design course online then create something yourself? Hopefully not. Hopefully you hire a graphic designer. Which brings me to the point. You want to establish a trademark for your business.  Do you spend about an hour reading about trademarks online, then go the USPTO and apply to register your dream trademark?...
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