TLDR; your trademark may not provide the protection/benefits you thought it would.
A few months ago I filed for a trademark for a physical product brand (proprietary tools) for an upcoming launch. Yeah, I know conventional wisdom says doing this is premature but I wanted to see what I could learn. And I’m learning a LOT. My trademark includes a word that is part of the name of a large fashion brand. I received an email from them a few days ago with several demands. They insist that I respond in writing that I will never do X, Y, or Z to avoid “further action”. I have referred this to a lawyer so no names at this time.
I was blindsided as I’m in an entirely different market category (which should make this a non-issue) and my name is also a different context with a specific implication. But I’ve learned that “famous/well-known” brands (yes this is a legal term) have broader trademark protection. I also learned that these mega brands practice relentless guerrilla IP protection. If they don’t get their way they often go directly to e-commerce and social media providers and can have your site shut down for ToS violations. Fashion brands pretty much always win if there is ANY apparel involved, including photos of branded apparel that may not even be for sale. Also note that these major brands always claim to be “lifestyle brands” so marketing must not cross over into that arena.
Based on my research I feel that I will prevail with my trademark without an extended legal battle. However, I know I’ll always be under the shadow of being monitored and will have to be very careful with my marketing. I’ll never be able to have any apparel merch and can’t expand marketing to the lifestyle scale. As this is a vertical market (but high TAM) tool brand this isn’t a major issue.
I am involved with others in the development of other products, however, that will have a more broad appeal, so we’re now looking at those brand names much more closely. We’ve found a snag in one of them that may preclude ever being able to sell merch or promoting lifestyle. This would be a major problem and we’re looking at new names for this brand.
It’s generally preached that expending time on branding details before any sales is “action faking”. I would submit that this is not always the case. We’ve done a lot of research and product validation and feel that these brands have long-term viability. If you are methodically working towards the launch of a scalable brand of innovative/patented products, educating yourself and spending a little time on Google and Chatgpt can save a lot of misery.
And that’s why I love doing this; there’s something new to be learned every day.
A few months ago I filed for a trademark for a physical product brand (proprietary tools) for an upcoming launch. Yeah, I know conventional wisdom says doing this is premature but I wanted to see what I could learn. And I’m learning a LOT. My trademark includes a word that is part of the name of a large fashion brand. I received an email from them a few days ago with several demands. They insist that I respond in writing that I will never do X, Y, or Z to avoid “further action”. I have referred this to a lawyer so no names at this time.
I was blindsided as I’m in an entirely different market category (which should make this a non-issue) and my name is also a different context with a specific implication. But I’ve learned that “famous/well-known” brands (yes this is a legal term) have broader trademark protection. I also learned that these mega brands practice relentless guerrilla IP protection. If they don’t get their way they often go directly to e-commerce and social media providers and can have your site shut down for ToS violations. Fashion brands pretty much always win if there is ANY apparel involved, including photos of branded apparel that may not even be for sale. Also note that these major brands always claim to be “lifestyle brands” so marketing must not cross over into that arena.
Based on my research I feel that I will prevail with my trademark without an extended legal battle. However, I know I’ll always be under the shadow of being monitored and will have to be very careful with my marketing. I’ll never be able to have any apparel merch and can’t expand marketing to the lifestyle scale. As this is a vertical market (but high TAM) tool brand this isn’t a major issue.
I am involved with others in the development of other products, however, that will have a more broad appeal, so we’re now looking at those brand names much more closely. We’ve found a snag in one of them that may preclude ever being able to sell merch or promoting lifestyle. This would be a major problem and we’re looking at new names for this brand.
It’s generally preached that expending time on branding details before any sales is “action faking”. I would submit that this is not always the case. We’ve done a lot of research and product validation and feel that these brands have long-term viability. If you are methodically working towards the launch of a scalable brand of innovative/patented products, educating yourself and spending a little time on Google and Chatgpt can save a lot of misery.
And that’s why I love doing this; there’s something new to be learned every day.
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