Intellectual property (IP) is a valuable asset that many startups and small businesses often overlook. Trademark filing, a cornerstone of IP protection, plays a crucial role in safeguarding your brand and ensuring long-term business success. To shed light on this critical issue, Todd M. Nosher, Co-Chair of the Intellectual Property and Brand Management Practice Group at Mandelbaum Barrett PC, and Lucian C. Chen, Head of Patent Litigation and Prosecution and a Partner in the firm’s Intellectual Property Practice Group, share their insights.
In their latest video, Todd and Lucian delve into the numerous advantages of early trademark filing, emphasizing why this proactive step can save companies time, money, and legal headaches down the road. Here’s a breakdown of the key points they discuss:
The Importance of Early Trademark Filing
1. Avoiding Costly and Time-Consuming Issues
Todd highlights how many cases they handle involve situations where businesses come to them too late, having already encountered legal issues that are much harder and more expensive to resolve after the fact. By filing trademarks early, businesses can preempt potential conflicts and legal disputes.
2. Securing an Earlier Priority Date
One of the significant benefits of the trademark filing system is the ability to file based on both current use and intent to use. Lucian explains that even if you’re still in the planning stages of your business, you can file a trademark application and secure an earlier priority date, which can be invaluable in protecting your brand against competitors.
3. Conducting a Clearance Search
Both Todd and Lucian stress the importance of conducting a clearance search before filing a trademark. This search helps identify any existing trademarks that could pose conflicts, ensuring your chosen name or logo is available for use and registration. This proactive step can save your business from future legal disputes and rebranding costs.
Recognizing Your IP Assets
4. Uncovering Hidden IP
Many businesses, particularly startups, often believe they don’t have any IP worth protecting. However, Todd and Lucian debunk this myth by explaining that every company has a name, which can be trademarked. Beyond that, businesses may have slogans, logos, designs, or even trade secrets that qualify as IP assets.
5. Protecting Your Business Practices
In addition to names and logos, companies often have unique business practices or proprietary processes that should be protected. Todd and Lucian encourage businesses to identify and safeguard these valuable assets as part of their overall IP strategy.
Valuable Advice for All Businesses Whether you’re a fledgling startup or an established company, the insights from Todd Nosher and Lucian Chen offer valuable guidance on protecting your brand and intellectual property effectively. Their advice underscores the importance of early and proactive trademark filing to secure legal benefits and avoid future complications.
For additional information and advice, please contact Todd M. Nosher at 212-324-1876 and Lucian C. Chen at 212-324-1880.