By Josh Gerben, Founder, Gerben Law Firm, PLLC05.04.17
Allied Market Research anticipates the global nutraceutical market size will top $302 million by 2022. Markets and Markets estimates that the functional food ingredients market is poised to reach $2.5 billion by the year 2020. As a nutraceutical product or functional food marketer, one of the most important items to manage is the value and image of your brand. That being said, too many times brand owners overlook the critical step of applying for and obtaining a federal trademark registration on the brand they are responsible for promoting.
Let’s take a closer look at how you can ensure the brands you are marketing are protected in the marketplace.
Understand the importance that social media sites assign trademarks. Social media sites are first and foremost in the business of making money—they aren’t in the business of settling trademark disputes nor helping small brands make sure that no one else is using their name. So if you’re expecting your social media provider to drop everything to help you with a brand problem, think again. Because social media sites like Facebook have a literal vested interest in settling any trademark issues that occur on their site as quickly as possible, they consider a U.S. federal trademark registration as standard “proof” of brand ownership.
If you can prove that you own a federal trademark for a brand name by providing the federal trademark registration number, you will significantly increase your chances of being able to settle a dispute over a particular username or social media account in your favor. If, however, you do not hold a trademark for the name, the social media site will have a much more difficult time determining ownership and you may find your brand in jeopardy while the social media site tries to determine who should have the rights.
Clearly, social media sites put a lot of stock into federal trademark registration—and so should you. If for no other reason than to make ownership of your name easier to prove should a dispute arise on Facebook, Twitter, or another social media site, work with your attorney to search and apply for trademark registration.
Search trademarks, then file an application. With online sales and marketing bringing a world of buyers to your online storefront or distribution channel, your potential customers can just as easily be across the country as they are across the street. Protect the brand and reputation you are working so hard to build by filing for a federal trademark registration. If the U.S. Patent and Trademark Office (USPTO) approves your application, you will be granted the presumption of federal ownership in your business or product name as it relates to your industry.
Your trademark attorney will start the process by performing a comprehensive search for existing trademarks to ensure that the same (or a “confusingly similar” name) is not currently being used by another business or product in your industry. Once you agree on an available name, your attorney will then file an application on your behalf.
Register trademarked names on social media channels. After you’ve determined the business and product names you are going to trademark, get your team busy starting profiles using those trademark names on the most popular social media channels, regardless of if you plan to be involved on that particular outlet. By doing this, you are effectively “reserving” your rightful place on important social media sites, and taking a practical step to protecting your trademark. An old saying is that “possession is 9/10 of the law.” By owning the social media accounts on your name you will hopefully avoid having to take any expensive enforcement action.
Make sure no one else is using your trademarks on social media or elsewhere. As mentioned earlier, once you own a federally registered trademark, it’s up to you to make sure that no other business is using it on Facebook, Twitter, or anywhere else. That means that if you hold the federal trademark for MOMMA SUE’S VITAMIN TEA and MAMA SUE’S VITAMIN TEA starts a Facebook profile, you and your attorney need to take action.
In some situations, you may simply fill out the trademark infringement form, but other situations may require more legal muscle. Either way, the fact that you hold the federally registered trademark for the name in question will make it much easier for the social media site (or a court of law) to see things your way.
Trademarks help you protect your brand on social media and beyond. To protect your brands’ value, it’s important that you understand the importance of a federal trademark on your nutraceutical brand’s online endeavors. First, realize the importance that social media sites assign federal trademarks, and if you don’t already have trademarks for your business and product names, make that a priority. Then, sign up for social media profiles using your trademark names to reserve them for your use. And finally, keep an eye online—including in social media—for evidence of infringement, and work with your attorney to act quickly if you see it happening.
Founder of the Gerben Law Firm, PLLC, Josh Gerben is a trademark attorney whose practice focuses on trademark registration with the United States Patent and Trademark Office. Featured in a variety of national news outlets including FOX News, NPR and The Wall Street Journal, Josh Gerben was named one of 2016’s Top 10 trademark filers in the US by World Trademark Review.
Let’s take a closer look at how you can ensure the brands you are marketing are protected in the marketplace.
Understand the importance that social media sites assign trademarks. Social media sites are first and foremost in the business of making money—they aren’t in the business of settling trademark disputes nor helping small brands make sure that no one else is using their name. So if you’re expecting your social media provider to drop everything to help you with a brand problem, think again. Because social media sites like Facebook have a literal vested interest in settling any trademark issues that occur on their site as quickly as possible, they consider a U.S. federal trademark registration as standard “proof” of brand ownership.
If you can prove that you own a federal trademark for a brand name by providing the federal trademark registration number, you will significantly increase your chances of being able to settle a dispute over a particular username or social media account in your favor. If, however, you do not hold a trademark for the name, the social media site will have a much more difficult time determining ownership and you may find your brand in jeopardy while the social media site tries to determine who should have the rights.
Clearly, social media sites put a lot of stock into federal trademark registration—and so should you. If for no other reason than to make ownership of your name easier to prove should a dispute arise on Facebook, Twitter, or another social media site, work with your attorney to search and apply for trademark registration.
Search trademarks, then file an application. With online sales and marketing bringing a world of buyers to your online storefront or distribution channel, your potential customers can just as easily be across the country as they are across the street. Protect the brand and reputation you are working so hard to build by filing for a federal trademark registration. If the U.S. Patent and Trademark Office (USPTO) approves your application, you will be granted the presumption of federal ownership in your business or product name as it relates to your industry.
Your trademark attorney will start the process by performing a comprehensive search for existing trademarks to ensure that the same (or a “confusingly similar” name) is not currently being used by another business or product in your industry. Once you agree on an available name, your attorney will then file an application on your behalf.
Register trademarked names on social media channels. After you’ve determined the business and product names you are going to trademark, get your team busy starting profiles using those trademark names on the most popular social media channels, regardless of if you plan to be involved on that particular outlet. By doing this, you are effectively “reserving” your rightful place on important social media sites, and taking a practical step to protecting your trademark. An old saying is that “possession is 9/10 of the law.” By owning the social media accounts on your name you will hopefully avoid having to take any expensive enforcement action.
Make sure no one else is using your trademarks on social media or elsewhere. As mentioned earlier, once you own a federally registered trademark, it’s up to you to make sure that no other business is using it on Facebook, Twitter, or anywhere else. That means that if you hold the federal trademark for MOMMA SUE’S VITAMIN TEA and MAMA SUE’S VITAMIN TEA starts a Facebook profile, you and your attorney need to take action.
In some situations, you may simply fill out the trademark infringement form, but other situations may require more legal muscle. Either way, the fact that you hold the federally registered trademark for the name in question will make it much easier for the social media site (or a court of law) to see things your way.
Trademarks help you protect your brand on social media and beyond. To protect your brands’ value, it’s important that you understand the importance of a federal trademark on your nutraceutical brand’s online endeavors. First, realize the importance that social media sites assign federal trademarks, and if you don’t already have trademarks for your business and product names, make that a priority. Then, sign up for social media profiles using your trademark names to reserve them for your use. And finally, keep an eye online—including in social media—for evidence of infringement, and work with your attorney to act quickly if you see it happening.
