Trademark or Else!
Do you have a Trademark for your company name or logo? Is your company name or logo important to you? If so, you need to protect it by having your name and/or logo trademarked. My friend Danielle Bratek, Esq. of TM-Legal is a trademark attorney here in Broward County, South Florida. Her website is http://www.tm-legal.com . She has told me numerous horror stories about hardworking business owners who have lost their company name or logo because someone else came along and trademarked it first, even though the hardworking family had been in business for years or even decades. You don’t want this to happen to you! Isagenix, the company I market for, trademarked their name and logo back before 2002 when the company started (they are very smart!).
Danielle gives this following example:
CareSource (Broward County, Florida) was forced to change its name after CareSource (Ohio) issued a Cease & Desist Letter claiming trademark infringement and consumer confusion.
Both companies were operating under the name CareSource and were providing similar services – healthcare management for clients. Each company was operating independently of the other, without affiliation or shared clientele. Both organizations were operating successfully for many years with their respective corporate offices in different parts of the country.
So what was the problem? CareSource (Ohio) had obtained a Federal Trademark Registration, whereas CareSource (Florida) had not. This means that CareSource (Ohio) had acquired the exclusive rights to the name CareSource in connection with healthcare management for clients. These rights extended nationwide, as CareSource (Ohio) worked with clients both within Ohio and out-of-state. Such jurisdiction over their name provided a remedy against infringers – a Cease and Desist Letter based upon the Lanham Act, a federal statute.
In response to the Cease and Desist Letter, CareSource (Florida) was obligated to comply with the demands of the Letter, namely to immediately stop using the registered trademark of CareSource (Ohio). Failure to comply could result in a Federal Court action based upon willful infringement, which provides for substantial monetary damages.
Compliance required that CareSource (Florida) change its’ name. So CareSource (Florida) re-branded itself as Monarch Care. Such re-branding efforts can be quite costly – given the building signage, website, stationary, vendor relationships, etc. Even email signature blocks required modification. A new logo had to be created. Notification of such change was required to all existing vendors and clients. The clientele had to re-associate the trusted services of CareSource (Florida) with the new Monarch Care name. Much time, effort and disruption was caused by these changes in brand identity. Were clients lost? Was the goodwill of CareSource (Florida) affected by the change? It’s hard to evaluate. Certainly, a re-brand is not desirable.
So, how do you avoid this situation? In short, protect your brand name. Register your company’s brand by Federal (or state) Trademark Registration to insulate yourself from receiving a Cease and Desist Letter and the hassles of forced re-branding.
Working with Danielle will not only make the trademark registration and approval process easier for you, she knows a lot about the rules and nuances so that you don’t come up against roadblocks. For example, my friend and business associate Chip Ellis of I.A.U.S.G.C. (www.iausgc.com ) hired Danielle Bratek to help him through the trademark process of his logo. His company helps small businesses win big government contracts without having to bid. In the process he found out that he cannot trademark the image of the American flag. Danielle helped him tweak his logo so that it did pass the trademark process. It still looks like the American flag, keeping true to Mr. Ellis’ business model, but yet it is just different enough to have been awarded a trademark. Good job Danielle!
Another friend of ours, Sean Murray, owns Triumph Consulting Corp, Florida Public Adjusters. Danielle Bratek also helped Mr. Murray to not only trademark his companies name, but also his slogan “We Get You Paid”. Mr. Murray now owns the URL www.WeGetYouPaid.com but very importantly, if anyone tries to obviously copy his slogan, Sean can have Danielle serve a Cease and Desist order to stop the offender.
Protect your company by registering a trademark for your company name and logo. Danielle Bratek, Esq. of TM-Legal can be reached at 954-325-8028 here in the Fort Lauderdale area, Broward County, South Florida.
Juli Anna California can be reached in Coral Springs, Broward County, Florida at 954-608-9923 or through https://www.cleanseandweightloss.com/why-isagenix/
Serving Isagenix, Isogenix, Isagenics, Isogenics at 954-608-9923 in Bal Harbour Village, Bay Harbor Islands Biscayne Park , Boca Raton , Boynton Beach , Coconut Creek, Cooper City, Coral Gables, Coral Springs, Cutler Bay, Dania Beach, Davie, Deerfield Beach, Delray Beach, Doral, El Portal, Everglades City, Florida City, Fort Lauderdale, Golden Beach, Greenacres, Hallandale Beach, Hialeah, Hialeah Gardens, Hillsboro Beach, Hollywood Florida, Homestead, Indian Creek Village, Islamorada, Islandia, Jupiter, Key Biscayne Village, Key Colony Beach, Key West, Lake Worth, Lauderdale by the Sea, Lauderdale Lakes, Lauderhill, Layton, Lazy Lake, Lighthouse Point, Marathon, Marco Island, Margate, Medley, Miami Beach, Miami City, Miami Gardens, Miami Shores Village, Miami Springs, Miramar, Naples, North Bay Village, North Lauderdale, North Miami, North Miami Beach, Oakland Park, Opa-Locka, Palm Beach Gardens, Palmetto Bay Village, Parkland, Pembroke Pines, Pinecrest, Plantation, Pompano Beach, Royal Palm Beach, Sea Ranch Lakes, South Miami, Southwest Ranches, Sunny Isles Beach, Sunrise, Surfside, Sweetwater, Tamarac, Virginia Gardens, Wellington, West Miami, West Palm Beach, West Park, Weston and Wilton Manors. Monroe, Broward, Dade, Miami-Dade and Palm Beach counties.
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