At a Glance
- In-house counsel often field branding questions — including whether names are available and protectable.
- Using our roadmap during early branding discussions with your business team will help save time and effort.
Most in-house counsel periodically encounter branding questions — and the business team wants answers … yesterday! To give you a head start, this article discusses a key branding question that companies frequently face and provides a roadmap for addressing it.
Can I Trademark/Patent/Copyright This Name?
Let’s find out!
For starters, let’s clarify. This common intellectual property (IP) inquiry relates to trademarks — words and symbols that identify your company’s products and services, distinguishing them from competitors’ products and services. In contrast, patents protect inventions, and copyright law protects original works of authorship like photos, books and musical compositions.
Consider posing the following questions to the business team. Their answers will build a foundation for you and your IP counsel to assess whether a trademark is available and protectable, and determine how much investment is warranted.
Obtaining the above answers during early discussions with your business team will save considerable time and effort (and reduce the risk of unpleasant surprises) in the long run. The payoff? A brand that can live forever. Feel free to send any questions our way. Happy branding!