Who Owns That Name?

A drive-thru restaurant spent $10 million dollars on its ad campaign.  However, it apparently failed to check a very important detail -- if it could use the slogan it had developed.  After a countrywide roll-out of the ad, it found out, to its dismay, that another company actually owned the slogan.  Aside from embarrassment, the restaurant could face an expensive trademark infringement suit and judgment.

Three simple lessons can be learned from this situation.  First, recognize that your company name, logo and slogan are assets that can be and should be protected by a trademark registration.  Under certain circumstances, properly registered trademarks provide a mark's owner the exclusive right to use the mark throughout the country.

Second, prior to launching a product or service line, or altering your corporate image, have a professional review your concept.  A trademark search run prior to going to print can save you unnecessary expense and more importantly, keep you from possible litigation.

Finally, monitor and regularly check (at least yearly) for possible infringement of your marks.  Unknown to many trademark holders is the fact that the United States Patent and Trademark Office does not police anyone's mark.  It is up to you to find and stop infringers.  The failure to protect your name, your logo or your slogan will result in diminished value and its possible abandonment.

Article Concepts: intellectual property, trade name, trademark.

 

© 2008, The Barthet Firm