
Optimal trademark strategy for startups: What, why and when
Based on our years of experience in trademark registration and brand protection services, we have compiled a brief guide for an optimal trademark strategy for emerging companies.
The first-to-use trademark system is adopted by the USA, Canada and Australia. However, according to the US trademark law, a first-to-use system does not apply fully, as there might be some exceptions to this ruling.
To illustrate how the first-to-use system works, let's imagine a scenario where Luke started selling his clothing under a specific brand name in the Australian market in January. Beth decided to use the same name for her clothing brand and started her sales in March.
Subsequently, Beth filed her trademark application in April. Luke would have legal grounds to oppose Beth's trademark application on the basis of his earlier common law rights since Luke had been using the brand name before Beth (since January). However, if Luke does not take any actions against Beth's application, her trademark will be successfully registered with the IP office.
I found out my mark is similiar to an already existing trademark. What should I do?
Why do I need to sign the Power of Attorney to register a trademark?
What proof of filing do I need to submit to Amazon Brand Registry?
What's the difference between the use-in-commerce and intent-to-use basis?
How much does adding a class to my UK trademark application cost?
What is the price for 2 or more trademark classes in the EU?
Based on our years of experience in trademark registration and brand protection services, we have compiled a brief guide for an optimal trademark strategy for emerging companies.
Brands tend to evolve and undergo numerous changes over time. Many companies have changed their names to cater to a larger audience, either by altering their original logos for a more modern look or abandoning controversial words in their slogans. As the company expands beyond its planned offerings of goods and services or decides to take a different direction altogether, usually what follows are certain changes or even complete rebranding. A common question is then: can trademarks change over time? Well, it depends.
With the recent rise of luxury resale, we can also see increased counterfeit products, with fashion brands being a favourite target. As the trend is likely to continue in the upcoming years, the fashion industry faces an increased risk of facing even more losses due to fake luxury merchandise. How can fashion brands protect themselves and ensure cosumers are getting authentic product?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.