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Top 5 Mistakes CPG Brands Make When Trademarking Their Brand
Katie Melnick
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A Conversation with Suzann & Josh of The Moskowitz Firm
Protecting your brand in today’s competitive CPG landscape is crucial for long-term success. Trademarks play a vital role in safeguarding your brand identity and distinguishing your products or services from competitors. However, many businesses make avoidable mistakes when trademarking their brand. We’ll discuss five common mistakes and provide practical tips to avoid them.
To shed light on the topic, we interviewed Suzann Moskowitz and Josh Fuchs, experienced lawyers from the Moskowitz Firm, who focus on trademark law and brand protection– especially within the CPG space. Suzann has worked with clients for decades to select and protect their brands. Josh, a seasoned litigator, advocates for clients in trademark and copyright infringement cases and other business disputes. Suzann and Josh deliver tailored solutions to safeguard creative works and brand identity.
Disclaimer: Suzann and Josh reminded us that the information shared in this post is not legal advice. While they are experienced lawyers, formal engagement is required for personalized legal counsel.
Mistake #1: Falling in Love with a Name Too Quickly
One common mistake businesses make is becoming infatuated with a brand name without conducting proper research. Suzann and Josh explain that it’s crucial to thoroughly search the United States Patent and Trademark Office (USPTO) and other databases to ensure the proposed name is not confusingly similar to existing trademarks or overly descriptive, some of the main obstacles to legal protection.
Mistake #2: Failure to Register Trademarks
Businesses often overlook the need to register their trademarks formally. While common law rights exist upon usage, obtaining a trademark registration with the USPTO offers numerous advantages. Registration provides a presumption of ownership, enhanced protection against infringement, potential enhanced remedies in case of infringement, benefits on the Amazon Brand Registry, and beyond.
Mistake #3: Filing Trademarks Too Late
Timing is crucial for trademark registration. Some businesses wait to register trademarks until they have a product ready for sale, which can be problematic. Suzann and Josh explain the “use in interstate commerce” rule and acknowledge the catch-22 situation where businesses want to protect their brand before investing in packaging. They discuss the benefits of “intent to use” applications (filed after risk assessment research) to secure a brand’s place in line while simultaneously preparing for product sales.
Mistake #4: Neglecting International Trademark Protection
In today’s global marketplace, expanding internationally is a common goal for many businesses. However, some businesses need to consider international trademark protection. Suzann and Josh emphasize the importance of registering trademarks in each country where a business plans to operate. They explain that engaging a lawyer experienced in international trademark law can streamline the process and provide comprehensive protection for the brand as it grows beyond the United States.
Mistake #5: Inadequate Trademark Monitoring and Enforcement
Once a trademark is registered, it requires ongoing monitoring and enforcement to prevent unauthorized use and protect the brand’s reputation, which many companies overlook. Suzann and Josh stress the significance of actively monitoring the market for potential infringements and promptly addressing violations before they get out of hand. They emphasize that engaging an experienced trademark lawyer can help businesses effectively enforce their rights and take appropriate legal action when necessary.
If you need experienced legal assistance in trademark and copyright matters, contact them by visiting their website at https://themoskowitzfirm.com.
Katie is a partner with her husband Jasen at Fizz. Katie is the organizational master, packaging expert, and project lion-tamer.
Katie is a partner with her husband Jasen at Fizz. Katie is the organizational master, packaging expert, and project lion-tamer.
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