This scenario is a classic example of why protecting your intellectual property is crucial, especially in today’s fast-paced digital world.
In this Founders’ Letter,we’re going to talk about a potential trademark battle over a popular TikTok phrase, “Very Demure, Very Mindful,” created by Jooles LeBron, and provide steps to protect intellectual property from similar disputes
Feeling overwhelmed by the complexities of trademark registration?
Join us for our upcoming workshop, “The Stress-Free Trademark Process,”where we’ll guide you through a high-level overview of the trademark application process, helping you protect your brand with confidence.
This one-hour workshop is tailored for business owners, entrepreneurs, and thought leaders who want to navigate the trademark process smoothly and efficiently.
By the end of the session, you’ll gain a clear understanding of the trademark process and practical tips to reduce stress while securing your brand’s legal protection.
Don’t miss out on this opportunity to take the stress out of trademark registration!
If you find yourself in a situation like this, here are three detailed steps you can take to protect your brand and increase your chances of securing your trademark.
One of the most important steps in protecting your brand is to file your trademark as soon as possible.
It’s essential to have standing if you want to challenge a trademark at the USPTO (United States Patent and Trademark Office).
Filing your trademark not only provides you with the necessary standing, but it also puts you next in line if an infringing trademark gets canceled or abandoned.
In Jooles’ case, had they sent a cease and desist letter to Jefferson Bates upon discovering the trademark application, it could have laid the groundwork for a legal challenge, potentially deterring Bates from pursuing the trademark further.
Cease and desist letters serve as a formal notice and can act as a deterrent against further infringement.
They also create a paper trail, showing that you’ve made efforts to protect your trademark, which can be crucial in any subsequent legal proceedings.
If ignored, these letters can form the basis for seeking damages and injunctions to prevent continued misuse of your brand.
Jooles could challenge Bates’ application by demonstrating that they were the first to use “Very Demure, Very Mindful” in their content, thus establishing common law rights that could supersede Bates’ filing.
By proving that you were the first to use a trademark in commerce, you can assert your rights over a later applicant.
This is where understanding the nuances of trademark law becomes essential.
Knowing the difference between a “current use” application and an “intent to use” application allows you to navigate the process more effectively and protect your brand from potential infringers.
Protecting your intellectual property is not just about securing your brand today—it’s about safeguarding your future.
By filing trademarks, sending cease and desist letters, and understanding the status of applications, you can navigate the complexities of trademark law and ensure that your brand remains yours.
