Specialisation in developing " guided New Trade Mark.


Wednesday, November 04, 2015

12 Ways to Legally Protect Your Brand

by  business2community.com

What’s one thing you’ve done to protect your brand legally that you think all founders should do?

The following answers are provided by the Young Entrepreneur Council (YEC), an invite-only organization comprised of the world’s most promising young entrepreneurs. In partnership with Citi, the YEC recently launched #StartupLab, a free virtual mentorship program that helps millions of entrepreneurs start and grow businesses via live video chats, an expert content library and email lessons.

1. Protect Your Web Content
Anthony SaladinoMany founders know to trademark their logo/brand name; however, many founders overlook protecting their Web content. A simple way to do so is to create an account with DMCA. They are the global leader in DMCA copyright infringement take-downs. Once certified, display the badge on your website to act as a deterrent for content thieves.

2. Set up Google Alerts
Thursday-Bram 2It’s a small thing, but you can’t know if there’s a problem with your brand if you aren’t getting updates on where your brand is mentioned. We’ve particularly had a problem with copyright infringement, which we would never have realized without Google Alerts.

3. Use IP Protection
Arthur EbelingIf you are seeking to establish a brand, it is critical to secure the proper intellectual property safeguards. These IP protections can include trademarks, copyrights and patents. It is important to determine which protections are relevant to your brand/company. Invariably, if you are trying to establish a brand name, it is wise to trademark that name. It pays to consult an IP attorney.

4. Create a Distinctive Mark
peter mintonTrademarks in the U.S. are subject to varying degrees of protection based on the distinctiveness of the mark. A generic name will receive less protection than a name that is unique (e.g., a neologism such as “Kodak” will receive very strong protection, while “Film Maker” may not be eligible). Common words may also receive strong protection if meaningless in context (e.g., Apple for computers).

5. Register Your Trademark
Andrew SchrageThe best thing founders can do to legally protect their brands is to register their trademarks with the U.S. Patent and Trademark Office. You can do it online, but founders should definitely consider enlisting the help of an attorney, as there are many forms to fill out and strict deadlines.

6. Get a Patent
Erik SeveringhausIf you’re a founder who’s truly doing something novel and revolutionary, make sure to protect it! Patents are an important part of the arsenal and give you the ability to protect yourself against litigation and copycats, as well.

7. Create an Employee Handbook
Joe ApfelbaumWhen speaking to lawyers, they have so many things that you can do to help you protect your company. You can buy insurance, patent your idea and trademark your name. What we decided to do recently is to create an employee handbook. If you have employees working for you, you need to have a plan in place to protect your brand, and a handbook is a great place for any founder to start.

8. Trademark Your Brand
ted murphyAll founders should file for trademarks for their brands. It is quick and relatively cheap to do atuspto.gov. In most cases, you do not need the expense of a lawyer or any other service.

9. Monitor Your Brand and Competitors
Eric KoesterYou can’t protect what you don’t understand, so set up a plan to monitor your brand and the brands of your competitors. TrackMaven and Rival IQ are two of the more advanced tools for tracking your brand online, but simple tools such as Google Alerts and Twitter searches can help, too.

10. Create Legal Divisions
Phil LaboonSeparate the different divisions of your businesses with LLCs independent from one another. That way, your assets are not all affected at once. It’s like having a tourniquet to save your businesses from affecting each other negatively.

11. Protect Your Brand in China
Aaron SchwartzWhile the U.S. trademark system recognizes the “first-to-use” system to determine trademark rights, China is a “first-to-file” location. This means that anyone can trademark a major brand name. As a scaling startup, especially one that produces in China, protect yourself early before it becomes incredibly costly in the future.

12. Think Globally, Not Locally
Brittany HodakGetting trademark protection for your brand and company in the U.S. is a good start, but it’s also important to protect yourself in other territories around the world. Laws differ by country, and even if international expansion isn’t currently on your radar, it’s a good idea to plan ahead to make sure you’re able to grow in the future.

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OBJECTION MATTERS - (understanding why a mark being objected)

(Manual of Trade Mark Law & Practice in Malaysia)

In deciding any question of possible conflict between two application or between an application and a registered trade mark , there are two main factors before raising an objection under this Section 19(1)and (2). These are :

- whether the marks are identical or so nearly resemble each other as to be likely to deceive or cause confusion ; and

- whether the marks are used on the same goods or services , the same description of goods or services , or whether the goods and services are closely related.

* When comparing cases, Examiners should always consider each mark as a whole. It is clear that marks are identical if they are the same in every detail when compared side by side. The test for deciding whether the marks so nearly resemble each other are established in case of law as below:

1. Imperfect Recollection
2.Appearance and Sound
3. Essential Feature
4.Composite Marks
5.Idea of Marks
6.Device Marks
7.Related Marks - confusion
8.Contextual Confusion of Marks
9. Comparing Goods and Services
10.Cross search
11.Co-pending Conflicts
12.Conflicting Marks
13.House Mark

Dalam lain perkataan , sekiranya permohonan anda dibantah di bawah Section 19(1) dan (2) , bermakna Pemeriksa telah membuat pemeriksaan bagi semua di atas dan salah satu tidak memenuhi syarat yang diperlukan. Jadi kalau anda lepas dari No. 1 - 13, mereka akan "proceed" permohonan anda .

About this blog

email : rozarita@rozaritakamal.com
website : www.rozaritakamal.com

Apa itu Trade Mark/ Jenama ?
Mengapa ia penting?
Bagaimana membina jenama yang baik?
Mengapa tempuh untuk mendapatkan sijil sangat lama?
Adakah kos mendaftar sangat mahal?

Tahukah anda perlindungan Trade Mark bukan seumur hidup anda tapi selama-lamanya....

Anda penjual burger, nasi lemak, kain batik, belacan, katering, tailor, tuition center, tadika, salon, kedai runcit, restoran , kedai makan, penjual pakaian, tukang masak, rumah percutian/hotel, spa, beauty centre, kedai buku...

Anda adalah termasuk dalam golongan yang memerlukan perlindungan JENAMA.

Blog saya adalah kisah kisah yang saya lalui dalam dunia penjenamaan, apa yang saya lihat dan apa yang boleh kita lakukan . Mungkin usaha ini akan meningkatkan kesedaran tentang kepentingan Harta Intelek dalam setiap perniagaan.

Kos asas untuk mendaftar JENAMA - approx RM2,500.00
Tempuh perlindungan = 10 tahun.

Kos renewal - approx RM1,000.00
Tempuh perlindungan = 10 tahun

(setiap 10 tahun anda cuma perlu "renew" sekali untuk 10 tahun berikutnya)


Brand Finance defines brand as “trademark and associated goodwill.”

Its methodology is based on determining the economic value of a trademark by applying the company’s royalty rate to future revenues attributable to the brand over a five year period.

Therefore, under its definition of brand, the valuation of a trademark and a brand is the same thing.

- Sean Stonefield , Forbes staff