Now is the Time to Trademark: Your Business Depends On It

A recent article entitled We’re Running Out of Brands by Jack Trout highlights the importance of branding, and more specifically, a trademark for that brand.  If you don’t believe Jack Trout, you may want to look at the quotes he includes (internal hyperlinks removed):

A booklet from Johnson & Johnson says: "Our company’s name and trademarks are by far our most valuable assets."

The former chairman of Quaker Oats says: "If this business were to be split up, I would be glad to take the brands, trademarks and goodwill, and you could have all the bricks and mortar–and I would fare better than you."

A former commissioner of the Patent and Trademark Office said that a trademark is "frequently a more valuable asset of a business than all other assets combined."

The article also stresses how difficult it is to generate a company name, brand name, or product name.  This is yet further confirmation that a trademark is more than a filing with the USPTO, more than a small ™ or ® symbol, and more than just another marketing expense.  A trademark, and the goodwill associated therewith, are truly your business.  As such, you need to budget accordingly.  An experienced trademark attorney who handle trademark availability searches, trademark filings, trademark matters in front of the TTAB, and trademark litigation is a must.  Trademarks are intellectual property that must be considered when a company changes hands, when a domain name is registered or used by a third party, and when identifying licensing and other revenue generating options.  Simply put, no matter what your business, an understanding of trademarks and trademark law is a must.

This article could not be clearer – there is no time to wait.  You could be sacrificing your opportunity of developing a valuable brand or missing out on the benefits afforded to a trademark owner when it comes time to protect it.  Contact us today to handle all of your trademark matters.   

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Enrico Schaefer

As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.

Years of experience: 35+ years
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.