In the digital age, where everyone has access to almost anything online, protecting your trademarks has become crucially important. A trademark is a type of intellectual property used to represent a sign, design, logo or expression for the purpose of easily identifying particular products or services in the marketplace. In the entertainment industry, a trademark can be anything from the name or logo of a rock band or a record label to the name or logo of a film studio or of an individual artist.
A trademark can protect a slogan or a logo that represents your brand. When it comes to the media industry, trademarks are used to protect anything from a logo, a record label, or the name of a film studio or rock band.
Knowing About the Potential Risks of Trademark in the Media Industry
Trademarked brands are always at the risk of being copied or exploited by competitors offering similar goods and services in the marketplace. The good news is that you can secure your trademark through registration with the United States Patent and Trademark Office, or USPTO. It is essential to properly register your trademark in order to secure it from future legal challenges, but it can be a complicated process.
Registering your trademark is not as simple as it sounds. Prior to registering a trademark, it is your responsibility to undergo thorough research to ensure that your trademark has not already been registered by someone else. In addition, after registration, you will need to ensure that your trademark remains secured and is not being exploited by competitors. A New York Trademark Lawyer is the ideal source to consult if you are looking for a strategic way to protect your trademark. A trademark attorney can help you select an original trademark, navigate the trademark registration process, and also help keep it secured in the future.
Importance of Securing Intellectual Property Rights
The media industry is one of the most saturated and complex industries in today’s time. At any given point, there are a large number of trademark infringement cases taking place around the globe. These legal challenges often involve high value and well known media brands and commercial products with unknown entities exploiting popular IP for financial gain. Spotting and ceasing these violations requiresa pragmatic approach to IP management. It is important to seek legal help from lawyers who have a plan to continually monitor your valuable IP.
One of the most significant takeaways from people with industry experience when utilizing a name, logo, or brand is to make sure it is secured at the outset of your commercial endeavor. For example, you may have chosen a trademark that is unintentionally similar to another registered name. In that case, the first individual who registered the trademark will have priority rights over any subsequent applicants. The key is to know whether your trademark is legally viable before investing any more resources into it. An entertainment lawyer can help you conduct any necessary trademark research.
Some Key Points to Consider When Launching a New Trademark:
- Perform a Trademark Search- A lot of people believe that a basic
Google or online search is all that is needed to determine whether a chosen trademark is unique; however, a complete nationwide search via a specialized service is necessary if you are serious about your trademarked media. Even if a trademark is not identified in the USPTO database, someone else may still have a viable legal claim over the trademark. One of the many reasons to hire an entertainment lawyer is to protect you from legal challenges by others claiming trademark infringement.
- File a Federal Trademark Application- Even though this is not
mandatory, filing registration with the USPTO creates a legal record that you own the trademark. In some cases, it can create a legal presumption of ownership if challenged by others for ownership of the trademark.
- Make Use of the Trademark in All Forms of Media
People create trademarks so that brands and products are easily identifiable by consumers. An unsecured trademark is a risky investment. Presumably, the trademark will be included on whatever products that are produced, whether in the entertainment industry, in retail, or other areas of the marketplace. Securing trademark rights can ensure that you are protected against civil lawsuits by people challenging ownership. Registration of a trademark is a smart approach. It is far less expensive and time consuming than any potential legal challenge or litigation. You will not only save money on your investments, but on fighting potential lawsuits.
With social media, more and more entrepreneurs are launching their own brands or producing their own art in today’s evolving entertainment industry. It is not surprising to find similar names or logos, whether done intentionally or unintentionally.
You can always speak to an Entertainment Attorney New York for all your trademark questions. You will receive strategic legal guidance specific to your particular issue and secure your brand in the marketplace with reassurance. Secure your brand by taking the right steps. Contact us today.
