Today we’re continuing our conversation about trademarks, clearances and ownership across multiple platforms. Whenever I kick off a branding project with a client, I make sure they’ve covered their bases, particularly when it comes to their online presence. Follow along and if you have any questions, don’t hesitate to reach out! – SK

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Ideally, a trademark should not be used without first consulting an intellectual property attorney who will obtain and interpret a search report to ascertain the availability of the proposed mark for use, reservation for future use and registration with the U.S. Patent and Trademark Office. Since trademark rights in the U.S. are derived at “common law” from use of the mark in commerce, a user of a mark that is not the subject of a federal filing may still have enforceable rights in a mark that preclude the availability of that mark (or a similar mark) to a new user.  As a result, it is important to work with a trademark lawyer to “clear” a trademark prior to use.

Other practical considerations when choosing your trademark include whether the corresponding domain name(s) and social media user names comprised of the trademark are available for purchase or registration, or whether they are already owned and/or being used by third parties in a manner that may cause confusion or prevent you from using the Internet and social media to your advantage (e.g., yourtrademark.com, Facebook user name, Twitter user name).

Coverage by: David Sherman

Have a question?  Contact David at david.sherman [at] kattenlaw [dot] com