Protecting your brand. 

Branding is more important than ever, and more complicated as well. The words and images we use to identify our businesses, products, and services—trademarks and service marks—become the vessels of reputation. Protecting your brand means (1) clearing your own marks (i.e., making sure your marks don't infringe on someone else's rights), and (2) protecting your marks from dilution and infringement by others.

Clearing your marks is a necessary step for most businesses, especially before making significant investments of time and money in the them, since even unintentional infringement of someone else's protected mark can mean at least that you are prevented from using it, and can result in substantial financial liability. At minimum, clearance requires a Google search for any logos, business names, product names, and taglines you intend to use, as well as searches of federal and state trademark and business name databases. A legal review of your proposed marketing materials and website may also be appropriate. These inexpensive services can end up saving your business. 

Registering your marks generally means registering a trademark or service mark with the U.S. Patent and Trademark Office (USPTO). This puts the world on notice that you are entitled to use a specific mark in one or more specific sectors of commerce, and empowers you to prevent and redress infringement of your mark by others, and block others from registering the same or similar marks. Since registration involves both filing fees and more substantial legal fees, and requires actual use in commerce within a specific period of time, it usually makes sense to develop a registration strategy in which marks are registered as soon as they are likely to become financially valuable.

Enforcing your marks means keeping tabs on any potentially infringing marks being registered or used in commerce by others, and taking appropriate steps to protect the value of your marks, through such means as cease-and-desist letters, negotiated license agreements, objections to registration, and infringement actions. The level of legal assistance required for effective enforcement will depend on the value of the marks in question, and the specifics of their use in commerce.