BFP 009: 5 ways to Legally Protect Your Brand

Brand Focus Podcast

Summary:

In this episode of the Brand Focus Podcast, Host Antoine Woods Jr. provides “5 Ways to legally protect your brand”. Throughout the episode, he provides insight into Non-Disclosure Agreements, Non-Compete Agreements, Trademarking, Patents, and Copyrighting.

To accompany the episode topic, he provides a “Non-Disclosure Agreement & Non-Compete Agreement” template as a free download. All have to do is visit culturalsync.com/009download to get your free copy.

• The main takeaway from the episode: starts at 1:05
• Definition of Intellectual Property (IP): starts at 2:38
• Types of IP protections: starts at 3:58
• Importance of checking IP before starting a business: starts at 4:50
• A message from Cultural Sync: starts at 7:05
• 1st way to legally protect your brand, Non-Disclosure Agreement (NDA): starts at 8:42
• NDA use example: starts at 10:40
• 2nd way to legally protect your brand, Confidentially Agreement: starts at 11:50
• Reference to open source legal document archive, docracy.com: starts at 15:03
• *Freebie Download – NDA & Non-Compete Agreement Template: starts at 15:09*
• 3rd way to legally protect your brand, Trademark Protection: starts at 16:28
• How to register a trademark: starts at 17:29
• 4th way to legally protect your brand, Patent Protection: starts at 25:11
• 3 types of patents: starts at 25:30
• 5th way to legally protect your brand, Copyright Protection: starts at 28:29
• Recap of the 5 ways to legally protect your brand: starts at 30:27
• *Freebie Download – NDA & Non-Compete Agreement Template: starts at 30:45*

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Resources Mentioned:

Docracy.com: Open legal documents, provided and trusted by people like you. Find or upload a document, sign it for free.

USPTO.gov/trademark: Trademark search and registration information.

USPTO.gov/patent: Patent search and registration information.

Copyright.gov: Copyright search and copyright information.

Download Freebie: Non-Disclosure Agreement & Non-Compete Agreement Template

NOTE: Trademark Symbols

1. What does the symbol TM mean?

The symbol TM is used to provide notice of a claim of common-law rights in a trademark. A TM usually is used in connection with an unregistered mark, to inform potential infringers that a term, slogan, logo or other indicator is being claimed as a trademark. Use of the TM symbol does not guarantee that the owner’s mark will be protected under trademark laws. The owner may continue to use TM should registration of the mark be refused.

2. What does the symbol SM mean?

The symbol SM functions similarly to the symbol TM, in that it is used to provide notice of a claim of common-law rights in a mark; however, it is used in connection with a service mark, covering services, such as banking or legal services, rather than tangible goods. Use of the SM symbol does not guarantee that the owner’s mark will be protected under trademark laws.

3. What does the symbol ® mean?

The symbol ® is a notice of registered ownership used in many countries or regions to advise the public that a trademark or service mark is registered and to provide constructive notice of the legal ownership status of the mark with which it is used. The ® symbol should be used only in connection with registered trademarks or service marks. In the United States, use of ® may be instituted only after registration of the mark is granted. Use of ® with an unregistered mark may result in claims of fraud where the owner demonstrates intent, knowing and willful misuse, and attempts to deceive or mislead consumers, or in other difficulties for the owner in trying to obtain and/or enforce its trademark rights.

4. How should the TM, SM or ® symbol be used?

There is some flexibility as to how and where to use the TM, SM or ® symbol. Typically, it is placed in the upper right-hand corner, in the lower right-hand corner, or level with the mark or logo itself—each is an acceptable way of displaying the appropriate symbol. While there is no specific requirement regarding where these symbols should be used, most often they are placed adjacent to (or, in the case of a design mark, in) the upper right-hand corner of the mark, in superscript (raised) font. Example: COCA-COLA®. The TM, SM or ® symbol need only appear with the first or most prominent mention of a mark in all documentation, such as press releases, articles and company reports.

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