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Trademark Portfolio Management

trademark portfolio management

Preventing Trademark Infringement

Your trademark portfolio is the collection of marks and icons that represent your brand and products. These symbols, slogans, and designs not only differentiate your products or services, but they also signify the quality of your work and the trust consumers place in your business. This is why trademark portfolio management is essential to your business. Trademark portfolio management allows you to get the most out of your trademarks, prevent others from stealing the equity from your trademarks through trademark infringement, and prevent others from detracting from your trademark through professional disparagement.


Trademark portfolio management is comprised of four main activities: registration; maintenance; monitoring; and enforcement.

Trademark Registration

Selecting strong trademarks that are in accordance with the law, applying for and completing trademark registration are the first steps in creating and managing a trademark portfolio. As you develop new products and services, it is important to properly develop and claim the symbols attached to them, both to validate the brand and to prevent trademark infringement. Trademark attorneys will help you develop marks that meet the requirements of a registered trademark, complete application documents, answer office actions during application, and ensure the marks are used properly. For more information on developing and registering trademarks, visit the Trademark Law, Copyright, and Intellectual Property page.

Trademark Maintenance

Trademarks can be used indefinitely, provided they are properly maintained. In order to keep trademark protection in place, the trademarks must be regularly renewed. If a trademark is not renewed, the trademark protections will stop and it is generally difficult and costly to acquire them again for the same marks. To maintain trademark protection, it is also important to enforce that protection. When exclusivity is not enforced and marks are not maintained, the trademark risks becoming genericized, which occurs when a trademark is used in place of the generic name, such as Kleenex for facial tissues.

Trademark Monitoring

For trademarks to remain exclusive and protected, any illicit uses must be immediately stopped. Trademark attorneys watch competitors, new enterprises, and similar businesses to ensure your marks are not being misused. Marks may be used accidently when a competitor or related business is not aware of your trademark, or intentionally gain value from your trademark. This can occur domestically or abroad, and watching for foreign trademark infringement is also important. It is incumbent of you to continuously monitor the existence of conflicting uses.

Trademark Enforcement and Litigation

When trademark infringement is discovered, actions must be taken to stop the activity. This begins with locating the infringing parties and sending them a cease and desist notice. A cease and desist notice shows that you are the owner of the marks, demands that the infringing party stop using the marks immediately and comply with other demands as necessary, such as the payment of damages. Most cases of trademark infringement can be solved through negotiated settlements. Fahey Schultz Burzych Rhodes PLC makes every effort to resolve the case through negotiation. In some cases, litigation is required to protect the trademark portfolio and prevent misuse. Our trademark attorneys are experienced litigators and will work hard to achieve a judgement with proper compensation.


You do not have to take on these tasks by yourself. Fahey Schultz Burzych Rhodes PLC will help you protect your brand, manage your trademark portfolio, and prevent trademark infringement. Request a consultation today to learn more.


 

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