Trademark Your Business ? Lessons Learned

Small business owners learn many lessons the hard way - through the school of hard knocks. I recently experienced my own tough lesson concerning the importance trademarking my business name. Like many solo-entrepreneurs on a tight budget, the thought of trademarking my business name was not high on my priority list. Had I placed more importance on it, I might have saved myself some anxious moments, not to mention a few hundred dollars in attorney fees!

As a member of a couple different virtual assistant membership organizations, I often look with interest at other VA's business names and website URL's. One day I noticed a new member announcement for one of the groups and saw a listing for VA Office Solutions. Now this one hit a little too close to home for me - after all, my business name is VA Office Solution. I also noticed that she had a domain name to match.

Have you figured out my first mistake yet? I could have kicked myself for not purchasing the domain name, http://www.vaofficesolutions.com, which is so close to my own domain name of www.vaofficesolution.com. After all, even some of my own clients inadvertently add an "s" to the end of my business name in correspondence. I certainly didn't want people to look for my business on the Internet, and mistakenly find this other website! This could potentially be very confusing for both of us, especially considering we both operate similar businesses and conduct our business virtually, working with people all over the country.

Well the first thing I did was a little research on this domain name. I was able to find the owner and saw that the name had only recently been purchased, and had only been purchased for a one year period. This indicated to me that this was a new business, and she had only just started using this name.

Then next step was to get some legal advice. I had met an attorney who specializes in trademark law at a networking event so I gave her a call and asked to meet with her. I learned that I definitely had a good case, as I'd been using the trademark since 2001. Even though I had not formally registered the trademark with the USPTO (U.S. Patent and Trademark Office), I still had first use of the trademark, which gives me certain rights.

After meeting with the attorney, I decided that my first step should be filing my trademark with the USPTO (http://www.uspto.gov). Now this is something that I could do myself, without paying an attorney, but taking into consideration my own time constraints and her expertise, I decided to let her handle it for me. Also, since there would need to be a letter drafted to the trademark infringer after my trademark had been filed, I just felt more comfortable letting my attorney draft a letter that would be effective enough to get the infringer to stop using the trademark and take the website down.

So how did it all end? Well I got my trademark registered and we sent the letter to the trademark infringer. She agreed to stop using the trademark and took the website down. All in all, the entire process took about three months. I feel very lucky though, as I was able to find this infringer very soon after she opened her doors for business. By getting it done quickly, it should not have been devastating to her business and did not have an apparent affect on my business.

So what should you consider when deciding if you should trademark your business name? First you should conduct some research to make sure you're not infringing on someone else's trademark. You may be forced to stop using it if that's the case. If you decide to trademark your business name, then you must be prepared to enforce your mark. If you allow others to use the mark, then you can face abandonment and risk losing your own trademark. You should also consider the domain name issue. Do not make the mistake I did and let someone else snatch up a domain name that matches your trademark.

Be sure to visit the U.S. Patent and Trademark office at http://www.uspto.gov, and then visit my attorney Heidi Pliam's trademark website, Trademark Edge, at http://www.trademarkedge.com. And if you're looking for a good trademark attorney, be sure to give Heidi a call! Her contact information is on the website.

Jean Hanson is a Certified Professional Virtual Assistant. Discover how partnering with a virtual assistant will give you more time to do the things you love to do! Visit her at http://www.vaofficesolution.com. Jean is also the author of the eBook, Virtualize Your Business - http://www.virtualizeyourbiz.com

---

Brand Equity Building - Measuring Brand Value

Measuring brand equity allows a company to establish a baseline... Read More

A Lesson in Branding from Paris Hilton

I have never been a fan of Paris Hilton.I see... Read More

Good Logos Make Great Sales Tools

Every day, the average person is exposed to millions of... Read More

Why You? -- Professional Identity Branding

You can have first-rate products and services, but if you... Read More

Branding: All My Exs Live In...

...my senses. I know, you were thinking 'Texas'. Well, if... Read More

Your Small Business Name -- Important?

You bet a name is important. Many small business owners... Read More

Donald Trump On Branding - Brand Identity Guru

Love him or hate him, one thing is certain: Donald... Read More

Pressure Washing Companies and Co-Branding

Pressure washing companies often miss what we call 'super niche'... Read More

Brand Boring or Brand Buzz?

I heard an advertisement on the radio the other day... Read More

Brand Your Name!

Have you ever thought about branding your name? Does the... Read More

The Top 10 Strategies for the Positioning of Success

Many businesses of today are often driven to compete striclty... Read More

Are You Brand Worthy?

Branding is one hot topic, although it is wildly misunderstood.... Read More

Logo-ize For Instant Identification & Increased Awareness

The task of creating an indelible impact on the memory... Read More

Branding Your Business To Make More Money

Branding your comapny should be the first thing a company... Read More

Introduction to A Branded World: Adventures in Public Relations and the Creation Of Superbrands

You'd have to labor to shield yourself from the power... Read More

How a Great Tagline can Help your Business

"Just do it." "We try harder." "The Ultimate Driving Machine."... Read More

Personal Branding: Characteristics of a Strong Personal Brand

How many times have you been at a networking function... Read More

10 Secrets for Free Media Placement

Why pay a high priced PR agent when you can... Read More

How Important it is to have a Professional Logo Design for your Business?

There are a lot of things that contribute towards the... Read More

Simple Risk Reversal Formula Will Send Your Sales Into Space (2 of 2)

Make A Bold Promise Then Back It Up With An... Read More

Are You Brand Worthy? Are You Brand Worthy?

Branding is a one hot topic, although it is wildly... Read More

How to Write Classified Ads that Get Results Now.

SELLING DIRECTLY FROM A CLASSIFIED AD Classified ads can be... Read More

Do What Works

"Can you hear me now?"You'd be hard pressed to find... Read More

Business Image

One of the most important things in a business is... Read More

Brand Identity Guru - Is Your Brand Vital?

The world is not waiting for you?or your product or... Read More

Trademark Issues in the Mobil Auto Business

There have always been trademark issues and lawsuits in the... Read More

New Uniforms Could be the Gold Charm for the Golden Arches

New designer uniforms could be the gold charm McDonald's needs... Read More

Company Vehicles Have Advertising on Them; Tips on Driving in Parking Lots

Try to avoid backing up whenever possible. Occasionally some one... Read More

The MOST Expensive Mistake You Can Make

Most people who own a small business have a huge... Read More

Branding Your Radio or TV Campaign With A Musical Identity (aka Audo Logo, aka Jingle)

You don't think twice about a business card and letterhead... Read More

Branding Yourself To Increased Profitability

Successful Realtors know the importance of branding their identities into... Read More

Build Customer Loyalty by Promoting Your Customers

Do you want to attract new customers while building greater... Read More

9 Keys to an Effective Logo

The right logo, with the right characteristics, will boost your... Read More