Cayenne Consulting

Tricks of the Trademark

As frivolous lawsuits go, attempts to trademark phrases, sounds, and even numbers can easily stray into the ridiculous. Take, for example, Harley Davidson’s attempt to trademark the sound of their engines or Syracuse University’s claim that they own the color orange. Graphic or other representations of brands that set them apart in the marketplace are hotly, even if sometimes laughably, contested.

This is because your marks matter. Trade and service marks identify your brand and distinguish your products, and they’re worth protecting. If you’re marketing yourself correctly, your customers will come to recognize your brand via these marks. Some customers become quite passionate about them!

Tips for Establishing Your Mark

Any image, word, phrase, sound or symbol used to identify a brand or product can serve as a legally protected mark. The trick, then, is using those marks correctly in order to establish common law ownership and, eventually, legally registering that mark as your own.

And remember: once you’ve registered your marks, DON’T forget the explanatory statements. When you’ve registered your trademarks and service marks with the United States Patent and Trademark Office, continue to protect those hard-earned assets by including an explanatory statement of ownership of the marks on the first page of documents in which they appear, usually as a footer. A standard example is: “Amazing Shoes is a registered trademark of Amazing Shoes, Inc. It is used here with permission.”

One last thing: I’m not a lawyer, so be sure to consult an attorney who specializes in intellectual property matters when making decisions about your marks!

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