Business reputation is important in the horse world. In this blog, I am going to explain how registering your trademark is an important way to protect your professional reputation. If you don’t protect your brand, someone can use your name, logo, or slogan, and you can’t stop them. Someone could also use your name, logo, or slogan and hurt your business by doing disreputable business.
Two Trainers, One Stolen Logo
I once knew someone – we’ll call her Sally – who moved cross country after riding with a trainer – we’ll call her Mary – for years in Florida. Sally started to search for a new riding horse in her new home. She came across a horse on a horse sales website that interested her and went to the listed website to learn more about the horse and the person selling the horse. She was shocked at what she found. On the main page of the website was the logo for Mary’s barn! It was flipped, as if appearing in a mirror, but it was clearly the same logo. Sally knew that Mary’s brother had hand drawn the logo several years before. She immediately contacted Mary to tell her about the stolen logo. Sally never pursued the horse that led her to the website. She figured if that trainer would steal a logo, what else would she do that was dishonest. Mary contacted an attorney and filed a trademark registration to protect her brand.
The United States Patent and Trademark Office (USPTO) defines a trademark as a “word, phrase, symbol or design, or a combination of words, phrases, symbols, or designs, that identifies and distinguishes the source of the goods of one party from those of others.” If Mary had a registered trademark, then she could have had an attorney force the trainer to take it off her website, either through a cease-and-desist letter or a lawsuit.
One of the main reasons for registering a trademark harkens back to horses and livestock. It relates to branding. You may have heard that you should brand your company. Branding your company is a way of identifying your business and setting you apart from your competition. Registering a trademark is an important part of branding. Why? Because one of the main issues the USPTO considers when determining if a trademark should be granted is whether it creates confusion in the marketplace. Let’s say you want to create a company that provides packages of natural supplements to horse owners. And you want to call it SmartyPak. Your chances of getting that trademark approved are slim to none Why? Because SmartPak, the supplement company, already has that name trademarked. Allowing for two similar trademarks would cause confusion in the marketplace.
What happens if you don’t register your trademark? Well, someone else could register the same or similar name. That may not seem like a big deal but think of this. Once someone has a registered trademark, they can enforce it by issuing cease-and-desist letters to companies that are using their trademark. They can even take that company to court. Let’s say you are using a certain business name and another company trademarks it. Even if you can avoid court, you will have to rebrand. What does that mean? You have to choose a new name and reform your company with that new name. You have to change all of your merchandise to the new name. You have to let your customers and clients know. It can be a very expensive and time-consuming endeavor, as you might well imagine.
Save yourself the time, money, and headache. Contact me today so I can talk to you about the registration process and how to protect your equine business.
This blog post is for educational purposes only. It does not create an attorney-client relationship. Seek an attorney’s advice for your specific situation.