Trademark Infringement

You're the CEO of an up-and-coming Web start-up called "Widgets.com." Your company sells widgets over the Internet to people throughout the United States. One day, you're reading The Wall Street Journal and discover a new competitor calling itself "Widgets-R-Us." What do you do?

Your options depend at least in part on whether you've properly protected your trademarks.

To protect a trade or service mark, you need to correctly use and register the mark. Once you decide upon a particular mark, file an application with the US Patent and Trademark Office. The timelines of your application could make a difference if your company later becomes involved in a trademark legal dispute. Even if your business isn't yet off the ground, you can still file an application, based on your intent to use the mark in commerce. When you begin to use the mark, there are a number of things to keep in mind:

• Use the "TM" (trademark), "SM" (service mark) wherever your slogan or trademark appears.
• The "®;" symbol can only be used when your product or service is registered in the US Patent and Trademark Office.
• Always use your marks in a consistent way.
• Use trademarks as adjectives, not as nouns. Don't use your marks in a plural or possessive form. And set your mark in all capital letters or initial capital letters. All these recommendations are designed to retain the distinctiveness of your mark.
• Train your employees in the proper use of trademarks and consider appointing someone in your company to monitor your marks and their use - a sort of "trademark Czar."
• If you license your marks to others, be careful to monitor and control the quality of the goods and services offered and the licensee's use of your marks.
• Keep written records regarding use of your marks.
• Above all, consider speaking to an experienced trademark attorney to make sure you do everything properly.