I hate to break it to you, but whether you do it on purpose or unintentionally, it doesn’t matter — with trademarks, ignorance isn’t bliss; it’s more like opening the door to a potential, unavoidable legal battle where a brand takes your profits because you used their IP.

I’m team proactive, not reactive, which means instead of trying to do a last-minute cash grab for an attorney to attempt to protect your profits, I recommend spending some time learning how to avoid trademark infringement in the first place.

My biggest tip? Trademark it yourself. 

What is Trademark Infringement?

A trademark protects brands by preventing anyone else from using their name or logo without permission — and when you do (even if it’s unintentional), it’s considered trademark infringement.

While a trademark infringement could end with a cease and desist and changing the name, phrase, or logo to something else, it could also lead to a major loss in profits. If the trademark owner feels like it (and has the proof and legal team to back them up), they can take you to court and take all the profits you earned using their trademark — and rightfully so. 

How to Avoid Trademark Infringement

No one wants to swap their brand name or be forced into a big payout after their first six-figure launch thanks to trademark infringement, but it happens — and here’s how to avoid it:

#1. Do Your Research

You can save yourself SO much time and heartache (and money) by doing a little DIY due diligence. Search for the name or phrase on Instagram, Google, Pinterest, Twitter — anywhere people are talking and marketing. Check to see if anyone’s using it.

Next, head to the USPTO trademark database to do a few searches. But PLEASE do not automatically assume you’re in the clear if it doesn’t show up — it’s a notoriously picky search, and the smallest variation, like adding a ‘s’ to the end, can generate wildly different results.

#2. Get Help

You can get help by consulting with a trademark attorney or learning how to check for trademarks on your own with a little help from a course or program — like the Asset Protection Program, the best trademark course on the market.

#3. Trademark It

Want a sure-fire way to ensure you’re not infringing on someone else’s trademark? Get a trademark. The same or even similar trademarks cannot coexist in the same class, so your name is officially to be yours.

Also, if you’re working with a trademark attorney, they’ll take you through a process to determine how ‘risky’ it is to file your trademark. This will give you insight into any similar trademarks that already exist — or if the trademark itself exists and you need to pick something new.

Pay Attention To IP Protection

You don’t believe it’ll happen until it happens to you. We rely on trademarks to protect and defend our brand, but so do others, and it’s only right that they do exactly what we would if we found someone else profiting off of our property.

Don’t wait until the last minute to pay attention to IP, especially when it comes to your business. Remember, proactive, not reactive.

If you’re ready to be proactive and protect your brand, book your free Trademark Consultation with Lethal Legal.