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How to Protect Your Brand

Updated: May 6, 2021

Let’s talk about the first Step to Protecting Your Brand

You have an awesome product and business is great. You know it and so does everyone else.

The first step in protecting your brand from the sticky-fingers of people who want to steal your amazing idea is: Do your research!

There is a term in the trademark field called “likelihood of confusion”. This means that when a mark or brand is similar to another and is used for similar goods or services there is “likelihood of confusion” for consumers. Which means that although a customer thinks that they are buying your product, they may actually be purchasing the product of your competitor.

For example, let’s say you sell candy bars, your business is named Sunshine Delights and your logo is that of a sun. Unfortunately, there is a company in California who also sells chocolate bars, their logo is also a sun, their business is titled Delightful Sun, and they've been in business five years before you opened shop and also recently obtained a registered Trademark. Your brands have a high likelihood of being confused, especially if you both sell your products online and to the same market. Not only is it highly unlikely that you would be able to obtain a trademark In this situation, it’s also probable that you would lose customers to this company in something as simple as an internet search.

Wouldn’t it be nice to know this information BEFORE you spend money and valuable resources to brand a name or a logo?

Conducting a thorough trademark search before applying for the federal trademark protection or even taking the initial step of deciding on a business name, slogan or logo is the first thing that you should consider. Starting a business has plenty of necessary expenses, taking this first step will save you some unnecessary ones.

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