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Do's and Don'ts: Trademark Rights and Business Names


THE DO's

DO ask your attorney to perform a thorough trademark search in order to determine that no other business is already using the name of your business, products, or services.

DO register your trademark in order to get the most protection for your trademark rights.

DO be on the lookout for other companies, products, and services that are or might be using the same business, product, or service name as yours.

DO also watch for names that are confusingly similar to yours.

DO contact your attorney if you are aware or suspect that another company may be infringing on your trademark

DO ask your lawyer to contact possible infringers and ask them to cease and desist their use of your name or mark.

DO ask your attorney to monitor relevant resources in order to watch for potential infringers.

DO ask that your lawyer file a Notice of Opposition if he or she becomes aware of a trademark application that could infringe on your mark.

DO use your registered mark exactly as it appears on your registration.

DO use your trademark on all of your business cards, stationery, invoices, advertising, signs, and packaging.

DO contact your attorney if you have any questions about your trademark rights before, during, or after the registration process.

THE DON'Ts

DON'T start using a business, product, or service name without investigating whether the name is already in use.

DON'T skip the registration process to save money, because it will cost you much more money in the long run if you are infringing on another business's rights.

DON'T file a trademark application without your attorney's advice and counsel.

DON'T respond to objections to your application without your attorney's advice and counsel.

DON'T let infringers go unchallenged.

DON'T respond to accusations of infringement without consulting your attorney.

DON'T accuse others of infringing without the benefit of your lawyer's advice and counsel.

DON'T change your business, product, or service name without considering all of the possible consequences, which can be fully explained by your attorney.


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