How Can I Protect My Trademark in the Digital Age?

How Can I Protect My Trademark in the Digital Age? If that’s your question it’s getting answered here and now.

I’ll discuss the different types of trademarks, what you need to do to protect them, and in which cases you need (or don’t need) protection.

To keep you hooked, I’ll just say that you can actually protect your trademark even without registering or spending money! That’s right. In fact, you can start doing it by the next minute, without any paperwork or any other technicality. 

Let’s get started then? 

Understanding registered vs. unregistered trademarks  

To protect your trademark, you must have a trademark. Simply using a name for a long time doesn’t always grant you irrefutable claims over the name or trademark. 

Now, there are two main types of trademarks. Registered trademarks, and unregistered trademarks.

Registered trademarks are registered with the intellectual property office. This is known by different names in different parts of the world but there’s always an office that handles trademarks for your region.

Unregistered trademarks are those that haven’t been registered officially. You may still qualify for protection if you can prove “first-use” and popularity among other things. However, the protection isn’t as strong as you’d receive with a registered trademark.

Also, unregistered trademarks give “popularity” a lot of importance. Meaning, your trademark may still be used in geographical areas where you may not be that popular. In those areas, someone else may register your trademark and you may lose it forever.

How to protect your trademark online? 

Let’s get down to business then? Here’s how to protect your trademark online:

• Start using ™:  You should start using “™” as soon as possible. Yes, you can use it even without having a registered trademark and without even applying for registration. It just tells others that you intend to get it registered in the near future and that you claim rights to it. While it has almost no legal validity, it will keep others from knowingly getting into a conflict with you.
• Get registered: Obviously, getting registered solves a lot of problems. Yes, that would cost time and money but in the end it’s worth it. 
• Use ®: Once you’re registered, you can (and should) start using the ® symbol everywhere your trademark is mentioned. This would ensure everyone knows you’re registered and this keeps most people from copying your trademark. 
• Scan for infringements: You must consistently and frequently check for infringement upon your trademark. You can use any trademark protection platform or tool to do that. 

 Does your case even qualify for trademark protection?

Before you can start protecting your trademark, you need to know if you even can protect your trademark legally or if there’s even a case. 

Yes, just because someone copied your name doesn’t automatically mean that you can sue them. 

So, here are some scenarios when someone may use your trademark without your permission:

• Trademark classes: Each trademark is registered within a specific “class”. Think of this to be the category/niche of the brand. E.g. Tesla recently sued an Indian company called Tesla Power USA. The sued company claimed “we aren’t selling EV”. The outcome of the case is pending but it shows that using a trademark is possible given your product is in an entirely different registered class. 
• Human factors: Trademarks are a grey area. Hence, even in the case of Tesla vs. Tesla Power USA, human factors would count. These generally are the “likelihood of confusion”, popularity of the two involved parties, impact on commerce for either party and so on.
• Generic uses: If the other party is using your trademark but in a “descriptive” manner, you may not sue them. E.g. “sweet apples” may be your trademark but you can’t stop the world from describing their products if they’ve got apples that are sweet. 
• Important for functioning: This is mostly for hardware trademarks. If you trademark a specific design that’s required by others to function, you may not sue. Of course, it’s hard to trademark such essential designs to begin with. 
• Location: This matters because trademarks aren’t global.  If you aren’t famous (enough) at a location, someone else is free to use your trademark. Yes there  are technicalities but it’s not impossible.

At the end, always remember it’ll depend on each individual case. In the real-world, the financial and legal power of both the parties factors in as well. 

Conclusion- How Can I Protect My Trademark in the Digital Age?

That’s the length and breadth of it then folks. I hope you’ve got a decent idea on how to protect your trademark by now. 

The minimum you can start doing is start using the ™ symbol with your trademark. This is the simplest, easiest, and fastest way to ascertain rights. Of course, getting that registration filed as soon as possible helps too. 

I’ll also recommend getting professional help for the process instead of going solo.