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Denver Trademarks Legal Blog

Why are trademarks important for businesses?

Trademarks are an important part of business branding. They are a way for customers to recognize your company without having to see your name. Not all businesses have a trademark, but if you do have one, you should do what you can to protect it.

There are some unscrupulous individuals who will try to take another company's trademark so they can capitalize from the trademark owner's hard work to build a positive reputation in the community. It is imperative that you understand some important points about trademarks and how they might impact your business.

How to handle a domain name dispute

Domain names have become highly competitive because they are such a large part of any brand's identity. There are over 300 million registered domains on the internet, and this grows by 25 million each year.

If you own the trademark to a certain name, but the domain associated with that name is owned by another owner, you may find yourself in a dispute. Many organizations and individuals now purchase domains that they deem to be good investments, in the hope of making a profit in the long-term. Those who have obtained valuable brand domains in the past were known as cyber squatters because they asked for huge amounts of money from the brand owner in return for the domain.

Taking action when someone violates your copyright online

The unique images and words that your company uses to define itself and reach consumers, as well as the images and words included in your products themselves, have protection under federal copyright law. Unfortunately, many people treat the internet as the place where copyright does not exist.

People may steal your artwork, videos, words and photographs to display on their website. They might even print them on shirts and try selling them on social media. Other times, articles, advertisements or whole books could wind up stolen by someone unscrupulous who wants to sell them to others or use them on a website.

Important considerations for trademark registration

A trademark is an identifying symbol for a company. Many companies opt to register their trademark so that others can't use the same mark or one that is so similar that it confuses the public.

If your company is considering a trademark registration, there are several considerations for you to think about. This is why it is often better to have an attorney represent you in these cases. There are times when your case might require more than just a quick search and application.

You have options when someone is cybersquatting on your domain

Not so long ago, many business people considered websites to be a minor and somewhat annoying form of marketing. However, digital presence is no longer an option for most businesses. While many companies still thrive on word-of-mouth recommendations from existing customers, an increasing number of people and companies find their suppliers for various products and services online.

Having a digital footprint is necessary for business growth. You need to have an established presence on most of the major social media platforms, such as Facebook and Twitter. You will also need to have a carefully developed website that helps bring potentially interested customers to your company.

Trademarks, service marks and trade dress identify companies

You want people to recognize your service or product easily. One way that you might do this is through a special mark. Most people think of trademarks in this regard, but there are other types that can also identify your business.

It is possible to have more than one mark that identifies your company. Understanding the different types can be helpful.

Copyrights in all forms must be respected

Copyrighted works are protected so that nobody can take someone else's work and profit from it. Finding out about copyrights is an important step to take for any business or individual before using anything that they didn't create on their own.

When there are issues that come up related to copyrights, there are specific steps that must be taken. Depending on the severity of the infringement, there is a chance that a person who violates a copyright might face very serious penalties.

What can I do to protect my intellectual property?

Intellectual property is important to many businesses. There are several types of intellectual property that you need to think about to keep your company's interests protected. It is imperative that you consider all facets.

The way that you protect your company depends on the type of intellectual property you have. Here are some points that you need to know about making this happen:

Can the owner of an intent-to-use trademark application claim trademark infringement?

A trademark application filed on an intent-to-use basis confers no right of enforcement prior to actual use of the trademark with the goods covered by the application. That is, without actual commercial use of the trademark in U.S. commerce, an applicant of an intent-to-use trademark application has an unenforceable trademark and should not claim trademark infringement. Use in commerce occurs when branded goods are transported or sold across state or federal borders and is a requirement to achieve federal trademark registration in the U.S.

Let us see why that is.

Unenforceable Trademarks - Beware of Foreign Owners

If you have received a letter alleging trademark infringement, it is important to look closely at the rights being asserted. Some trademarks even though registered are unenforceable trademarks.

Did you know it is possible to have a federally registered trademark in the U.S. and still not have a legitimate basis to assert trademark infringement?

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