November 5th, 2024

Insights from the Acquisition.com Scaling Workshop and Protecting Your Brand

Hello Reader,

I recently attended the Acquisition.com Scaling Workshop—a transformative two-day event designed to equip business owners with strategies for aggressive growth. The experience was truly enlightening, and I wanted to share some key insights that not only apply to business growth but also tie directly into the importance of protecting your brand through trademarks.

1. Identifying and Overcoming Constraints
One of the key lessons was the Theory of Constraints, which emphasizes identifying and addressing bottlenecks to achieve rapid growth. When it comes to your brand, an overlooked constraint can be the lack of trademark protection. Without securing your trademarks, you risk facing legal challenges or brand confusion down the road, which can bottleneck your business's growth.

2. The Power of Knowing Your Numbers
Understanding key performance indicators like Customer Acquisition Cost (CAC) and Lifetime Value (LTV) is essential to business success. Similarly, knowing the value of your intellectual property—including your trademarks—is crucial. Strong trademark protection ensures that your brand’s reputation and goodwill are safeguarded, directly contributing to your business’s bottom line.

3. Strategies for Scaling Talent and Teams
Scaling your team effectively is important for sustainable growth, but so is ensuring that your brand is consistently represented as you expand. A registered trademark helps protect your name, logo, or slogan as your company grows, providing the legal foundation to prevent others from copying or diluting your brand’s identity.

Attending this workshop was a powerful reminder that strategic growth goes hand in hand with strong brand protection. As you focus on scaling your business, it’s equally important to protect what you’ve built by securing your trademarks. I’d love to discuss how we can apply these insights to your brand and ensure it’s fully protected as you grow.

Keep Your Brand Safe and Protected,
J.J. Lee and the Trademark Lawyer Law Firm Team!

P.S. Contact us to Register your (Totem) Trademark today!

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What are Trademark Application Suspensions?

Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.

What are Disclaimers for Trademarks?

A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights. A good example of this is disclaiming “café” if your services are for a café.

What is the Supplemental Registry?

If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry. In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.

What is the Date of First Use?

Two dates must be specified in a trademark application: Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade. Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.

What is the Renewal Timeframe for a Trademark?

The renewal timeframe for a trademark is between the 9^th and 10^th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.