Modern Mark Law
Nearby law practices
2441 High Timbers Drive, Ste 110, The Woodlands
04/10/2023
$10,050 USD, if we're being specific.
Because Iโve been an IP lawyer for 8 years now
And in that time, Iโve found that when it comes to IP there are mostly two types of entrepreneurs:
1๏ธโฃ ๐๐๐ ๐ฟ๐๐ผ๐๐จ
(a.k.a. those that donโt understand the value of it, and donโt care)
2๏ธโฃ ๐๐๐ ๐ค๐ซ๐๐ง-๐ฅ๐ง๐ค๐ฉ๐๐๐ฉ๐๐ซ๐ ๐ข๐๐ข๐ ๐๐๐๐ง๐จ
(a.k.a. those that understand the value of it, and go nuts over trying to keep it safe)
Neither is productive
But 90% of the time, itโs an โall or nothingโ approach ๐คทโโ๏ธ
Because once you ๐ณ๐ฆ๐ข๐ญ๐ญ๐บ start to think about how much
โ time
๐ฐ money
โก energy
Youโre investing in creating those assets
And once you realize just how much you can do with them
Or rather, how much they can do for you (and your bank account)
It becomes hard not to be crazy over-protective, right?
(I just pictured C*caine Bear. ๐)
But then it becomes my job to step in andโฆ tranquilize you?
(This analogy has clearly gotten away from me)
๐๐ฒ๐ฐ๐ฎ๐๐๐ฒ ๐๐ต๐ฒ ๐ฝ๐ฟ๐ผ๐๐ฒ๐ฐ๐๐ถ๐ผ๐ป ๐๐ผ๐ ๐๐๐๐๐ ๐๐ผ๐ ๐ป๐ฒ๐ฒ๐ฑ, ๐ถ๐๐ปโ๐ ๐ฎ๐น๐๐ฎ๐๐ ๐๐ต๐ฒ ๐ฝ๐ฟ๐ผ๐๐ฒ๐ฐ๐๐ถ๐ผ๐ป ๐๐ผ๐ ๐ผ๐พ๐๐๐ผ๐๐๐ ๐ป๐ฒ๐ฒ๐ฑ! ๐คฏ
But if you get all hyped up
And start haphazardly securing everything
Instead of looking at your ๐น๐ผ๐ป๐ด-๐๐ฒ๐ฟ๐บ ๐ฝ๐น๐ฎ๐ป๐
And being ๐จ๐ฉ๐ง๐๐ฉ๐๐๐๐ about whatโs important to your:
๐ brand
๐ growth
๐ legacy
๐ impact
And what isnโtโฆ
Then you could be wasting a ton of money
For what?
Got some valuable IP and want to avoid being a c*caine ๐ป? ๐
Iโve got 2 spots left in April to talk strategy!
๐ if you want it.
Why do we judge?
Because what's on the cover of a book?
The name, the image, the author... the ๐๐ข๐ซ๐ฌ๐ญ ๐ข๐ฆ๐ฉ๐ซ๐๐ฌ๐ฌ๐ข๐จ๐ง (duh).
๐๐ก๐๐ง ๐ฒ๐จ๐ฎ ๐ฅ๐จ๐จ๐ค ๐๐ญ ๐ญ๐ก๐ ๐๐จ๐ฏ๐๐ซ, ๐ฒ๐จ๐ฎ ๐ฆ๐๐ค๐ ๐๐ง ๐๐๐๐๐๐๐๐๐๐๐๐๐ ๐๐๐
๐๐๐๐๐ ๐๐๐จ๐ฎ๐ญ ๐ข๐ญ ๐๐ง๐ ๐ฒ๐จ๐ฎ ๐ค๐ง๐จ๐ฐ ๐ข๐ ๐ฒ๐จ๐ฎ'๐ซ๐ ๐๐ฎ๐ฒ๐ข๐ง๐ ๐ญ๐ก๐๐ญ ๐๐จ๐จ๐ค.
Same goes for your branding.
Your branding is your book cover! ๐คฏ
When your potential customers and clients first see:
โ
your name
โ
your logo
โ
your socials
โ
your website
โ
your packaging
โ
the overall way you present
All of that? That's your cover!
โ Is your name memorable?
โ Is your logo drawing them in?
โ Does the website speak to your professionalism?
โ Is your packaging (actual and proverbial) attractive?
โ Are you a legit brand or are you just playing business?
๐๐ก๐๐ฒ'๐ซ๐ ๐ฅ๐จ๐จ๐ค๐ข๐ง๐ ๐๐ง๐ ๐ญ๐ก๐๐ฒ'๐ซ๐ ๐ฃ๐ฎ๐๐ ๐ข๐ง๐ .
๐ค Are they going to take that next step with you?
๐ค Are they buying what you're selling or are they putting you back on the shelf?
What's YOUR branding saying about YOU?
(As an aside, can we just take a second to acknowledge the f*cking genius that is Jessica Walter's stank face? May she RIP ๐ญ๐ญ๐ญ)
๐๐ญ๐ข๐ฅ๐ฅ ๐ฎ๐ฌ๐ข๐ง๐ ๐ญ๐ก๐ โข ๐ฌ๐ฒ๐ฆ๐๐จ๐ฅ ๐จ๐ง ๐ฒ๐จ๐ฎ๐ซ ๐ฆ๐จ๐ฌ๐ญ ๐ฏ๐๐ฅ๐ฎ๐๐๐ฅ๐ ๐ญ๐ซ๐๐๐๐ฆ๐๐ซ๐ค๐ฌ?
Here's the only thing you're getting out of it:
You've put the world on notice that you're reserving common law rights to your name, logo, or tagline.
The thing about common law rights, though?
They exist only in the geographic areas where the mark is being used.
"Oh Vicky" you're thinking, "I'm all good... I operate ONLINE. I'm EVERYWHERE!" ๐
Except that the archaic trademark law doesn't agree. WOMP WOMP.
It's 2023, so you'd think they'd catch up by now?
But no.
You'd have to demonstrate that you have significant ties to a state in order to establish rights there. ๐
And then you'd have to do that in every other state. ๐ฉ
๐ ๐ซ๐๐ ๐ข๐ฌ๐ญ๐๐ซ๐๐ ๐ญ๐ซ๐๐๐๐ฆ๐๐ซ๐ค, ๐จ๐ง ๐ญ๐ก๐ ๐จ๐ญ๐ก๐๐ซ ๐ก๐๐ง๐, ๐ ๐ข๐ฏ๐๐ฌ ๐ฒ๐จ๐ฎ ๐๐ฑ๐๐ฅ๐ฎ๐ฌ๐ข๐ฏ๐, ๐๐๐๐๐๐๐๐๐๐ ๐ซ๐ข๐ ๐ก๐ญ๐ฌ ๐ญ๐จ ๐ฒ๐จ๐ฎ๐ซ ๐ง๐๐ฆ๐, ๐ฅ๐จ๐ ๐จ, ๐จ๐ซ ๐ญ๐๐ ๐ฅ๐ข๐ง๐.
And the ability to exclude others from using something similar!
Pretty... pretty good, eh?
So, if you ๐น๐ฌ๐จ๐ณ๐ณ๐ love your name, logo, or tagline, it might be time to drop the โข.
Think you might be ready to upgrade to an ยฎ?
DM me, let's talk about it!
03/14/2023
๐ข YOU are NOT a cookie cutter brand.
๐ข YOU are unique.
๐ข YOU are looking to stand out, NOT to blend in.
Which means that generic advice that's splattered all over the internet may be wholly inapplicable (or even detrimental) to you.
So, next time you're thinking about falling down the social media/Google rabbit hole, please remember this:
It's HIGHLY UNLIKELY that there is a "one size fits all" solution to your very specific problem.
And even when your problem seems general, I promise you, there is ALWAYS nuance.
This is especially true when it comes to your intellectual property.
Everyone and their mom is out there screaming: "if you've got a trademarkable/ copyrightable asset, just register it!"
This isn't just an over-simplification of a complicated legal issue, but sometimes this seemingly innocent advice is DEAD WRONG!
(Just ask all the people whose trademarks/ copyrights I refused to register ๐).
So if you're thinking of blindly following the masses, then maybe it'll work out well for you?
Maybe it has for your competitors?
Or other random brands?
But then maybe it won't? ๐คทโโ๏ธ
At best you'll lose out on your time and money.
At worst, you can sabotage your brand growth... or find yourself on the receiving end of a cease and desist. ๐ฉ
If you didn't get into business to commoditize yourself, then stop seeking out commoditized solutions!
Agree or disagree?
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Spring, TX
77389
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