Avoiding Costly Trademark Missteps

Reports of a recent $700,000 settlement of a trademark dispute between two kati roll restaurant owners serve as a great reminder of the importance of clearing trademarks prior to use. Whether creating trademarks to identify a new restaurant or to identify specific products or services developed during the restaurant’s life cycle, a small expense at the front of the process can avoid huge expense and diversion of focus later.

The Nature of the ProblemIn most countries, trademark ownership is created by being the first to file an application to register it.  In the U.S., however, the owner of a trademark is the first to use it in commerce. While registration enhances the protections for trademark owners, a trademark user may create superior rights to the mark and prevent others from using it without ever filing an application to register it. 

What You Should DoWith more than a million restaurants and countless other businesses operating in the U.S., it’s become increasingly…