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Top 10 Trademark and Copyright Registration Considerations
Use Distinctive Combinations and Words as a Trademark
Do not use generic words or merely descriptive words as a trademark. Abercrombie & Fitch Co. v. Hunting World, 537 F.2d 4 (2nd Cir. 1976). Often, including a distinctive tag-line
or slogan that describes the products or services your business offers, helps make it more distinctive.
Professional Research
Complete a professional search of the trademark of your business to ensure others are not using the same combination.
Because a professional search can be costly, think through and make a final decision about your trademark before conducting the professional
search.
Two-Level System
Register the trademark of your business at both
the Federal and State levels.
Ensure that all products and merchandise use the
trademark as registered.
Use of the Trademark
To gain international protection, have legal counsel register the trademark/copyright of your business under an international treaty, instead of registering in every country in which your
business seeks trademark/copyright protection.
International Protection
If possible, become the exclusive copyright owner to avoid future disputes.
Become an Exclusive Owner
Obtain authorization to use any intellectual property (IP) that your business does not own before starting to use the IP. Once an authorization is acquired, use the IP within the scope of the authorization to avoid infringement claims.
Obtain Authorization First
A trademark/copyright owner can either hire a professional company or require a licensee under a Licensing
Agreement to monitor for potential infringement and misuse.
Protect Trademark/Copyright against Infringement and Misuse.
When a company owns or controls the predominant share of the market, a court is likely to hold that the company
monopolizes trade and violates Section 2 of the Sherman Act.
Antitrust Concerns
U.S. v. Grinnel Corp., 384 U.S. 563 (1966). However, a court will also consider factors such as strength of competition,
barriers to entry, and probable development of the market in determining whether a company has monopoly power.
Evaluate your IP before bringing an action against another party for infringement or selling the IP.
Evaluation
For legal counsel for trademark or copyright contact:
Gonzalo Law LLC
Cleveland, Ohio 44114
T: +1.216.527.7777
F: +1.216.691.2714
W: www.gonzalolaw.com
