Category: Trademarks

Tag lines can be an important part of a brand and your overall trademark strategy, if used effectively.

One way to effectively use tag lines as part of your trademark strategy is to describe the product or service when the trademark or logo is unclear by itself. For example, a strong trademark is a completely made-up trademark, like the famous Coffee House (yes, you know the one I am talking about even without my having to name it here in this article). But until everyone knew what they were selling, it probably helped to use a tag line describing their product (“coffee”).

Another effective way to use a tag line as part of your trademark strategy is to use a trademark which conjures a pleasant image in the mind of the customer. The customer will then come to associate your trademark with that pleasant image. For example, a travel agent may use a tag line saying “. . . taking the hassle out of travel.” Now when customers see the travel agent’s trade mark, they will think of stress-free travel, an obvious positive.

Of course there are many ways to use tag lines as part of an effective trademark strategy, and we have only scratched the surface here.

Here’s a Tip when selecting a tagline to use as part of your trademark. Be creative . . . and put some thought into it before you adopt a tagline as part of your brand. There is nothing worse than a brand that changes every couple of weeks, months, or even every couple of years. The key to a strong brand is consistency . . . because consistency helps build customer loyalty. And customer loyalty can mean a successful business.

I am often asked “Do I need a Trademark for my invention?” Patents and Trademarks are different kinds of legal protection. Trademark protection may be available for the name and/or logo used to identify your goods or services in commerce.

A strong trademark (or service mark) can be key to a successful marketing campaign. Ultimately, customers identify the mark with the goods or services your business is selling.

Some advantages of Federal Trademark Registration include . . .

1. Others cannot register a mark that is confusingly similar to your mark.

2. A trademark registration provides a legal presumption of your exclusive right to use the mark nationwide, and serves as constructive notice of your claim of ownership in your trademark.

3. A U.S. trademark registration provides a basis for registering your mark in foreign countries.

4. A trademark registration allows you to bring an infringement action in Federal Court, file with U.S. Customs to prevent others from importing infringing foreign goods.

Once your trademark is registered, you can use the encircled-R notation ® to designate your trademark.

Some Common Pitfalls to avoid . . .

1. Selecting a weak mark.

2. Selecting a mark that is generic or merely descriptive of your goods or services.

3. Selecting a mark that is confusingly similar to someone else’s mark.

4. Failing to fully and accurately identify all of your goods and services in the trademark application.

Hire an attorney to help you identify any existing marks that may be considered confusingly similar to your mark before you start using a trademark. Your attorney can also guide you through the selection process to help you identify a strong trademark for your products or services. Then your attorney can help you with all aspects of state and federal trademark registration, and advise you on the proper use of your trademarks so that you are able to build the strength and value of your trademark.

Visit www.trennerlaw.com for more information about costs to register a trademark.