Your business, name logo, trade or service mark provides consumers information about the quality, price and origin of your service or product. In today’s business world the importance of e-commerce and branding is heightened by the need to enable your consumers to find your products or services on the internet.
An important part of this strategy is to acquire distinctive names, logos, and website designs that enable consumers to find your products or services. Part of this on-line advertising and marketing strategy should be to acquire trademark, service mark or trade dress protection for your valuable names, logos, and website designs. This will enable you to prevent competitors from misleading your customers into buying their products or services by creating initial interest confusion.
After acquiring a trademark, service mark, or trade dress protection you can use it to protect against encroaching on your customers by competing companies. You can prevent competitors from using metatags, advertisements, key word search ads, and use of such trademarks, service marks or trade dress on their websites or marketing materials. In addition, you can use your trademarks or service marks to prevent competitors from acquiring domain names that are similar to your marks. This will enable you to capture or acquire domain names that you may not have registered.
This will help in making sure that when a customer looks for your products or service on the internet they are directed to your website. This is particularly important due to the growing use of the internet and search engines by the consuming public. Even courts are starting to recognize this importance as illustrated by a recent opinion from Judge Amy St. Eve.
See Morningware Inc. v. Hearthware Home Products, Inc. Morningware_042610_Reviewed by VRP
It is important for you to work with a good team of advertising, marketing, and legal professionals to ensure that you can implement a good long term branding strategy that helps you grow and expand your presence on the internet. This will lead to additional opportunities, such as the following: to develop revenue channels through licensing, test out new products or services, protect against encroachment by competitors or free riders, and increase the value of your business enterprise.
If you have any concerns or questions relating to any of these items, then please feel free to contact us.