When you start a business, one of the first things you need to do is come up with a name. However, creating a business name is not always simple due to trademarks, copyright and other legal issues that surround intellectual property. As a word, phrase, symbol or design that represents your company, your trademark matters. Check out these three most common trademark legal issues before deciding on yours.
1. First use of trademark
According to United States federal law, the date of first use is the date when you first sell or transport your goods, or render your services, under a trademark. When it comes to business law cases, one of the top reasons for trademark lawsuits is due to a dispute regarding first use. If you are in this situation, try to collect as many records as possible to support your case.
2. Indistinguishability between trademarks
Another common reason that people file trademark lawsuits is because of the indistinguishability between two trademarks. In other words, this means that the trademark of one company looks too similar to the trademark of another company. Again, records and documentation of a trademark’s history can be helpful in defending these cases.
3. Trademark ownership
A third top cause for trademark-related lawsuits is due to disagreements surrounding ownership. This can be particularly common when it comes to trademarks that someone else created. For example, if a business owner uses a trademark without the permission of its rightful owner and creator, it may lead to a lawsuit.
The best way to reduce your risk of trademark legal problems is by doing your research. Understanding common issues such as these can help you avoid them.
