Scott Letourneau | | 0 Comments

A Legally Clear Name for Your Business

Every successful business counts on countless good decisions – enough to overcome those that inevitably prove totally wrong. A good business proves itself over and over in its resiliency.

I challenge anyone to think of a bigger decision than to find a LEGALLY CLEAR name for your new business or product start-up. A LEGALLY CLEAR name shadows, even if the name is a great name. It makes all the difference because absolutely everything you do, from answering the phone to launching a multi-media ad campaign, stems from THAT decision.

Ignorance Is Not Bliss

Why are people so sloppy, cavalier, assumptive, and willingly ignorant of the fact that without a LEGALLY CLEAR name as a cornerstone – no matter if every future decision they ever make is the best one – their business can fail tomorrow when they get a cease up to 6-10 years later, a refusal from their distribution channel to carry their goods or a block the US or Canadian Customs.

trademarks9 Facts To Show Why Your Intellectual Property is Crucial

  1. The fact is 35% of names ARE LEGALLY BLOCKED when comprehensively researched. 40% in more competitive industries. 60% if you have what you think is a great name.
  2. The fact is CIPO, and the USPTO only research their own database – not the other 88% of names in commerce that have rights BEFORE you under Common Law or a State trademark in the USA.
  3. The fact is a basic search at the USPTO, or CIPO is merely direct hit searches – just a small fraction of what may legally affect your mark.
  4. The fact is SIMILARITIES in SOUND, APPEARANCE, and MEANING do matter.
  5. The fact is some companies overreach.
  6. The fact is the USPTO takes 4 months and CIPO 12 months to get around to your new filing.
  7. The fact is your new trademark filing can be opposed – even if registered – for up to 6-10 years.
  8. The fact is it does take 8-10 hours to get a successful trademark – in staff time and trademark attorney time – including paid database fees.
  9. The fact is YOUR intellectual property is crucial to get right – from the start.

A guest post by Trademark Express®, a leader in trademark registrations.