Selecting and Launching a Brand


Several questions and challenges arise in connection with selection and introduction of a brand, ranging from the selection of a weak, descriptive mark, to selection of a high-risk mark, to protecting and enforcing brands while facing a tight budget, to monitoring and addressing cybersquatters or brand thieves.

This paper addresses some of the considerations that trademark practitioners should contemplate and discuss with their brand owner clients. Each and every possible relevant consideration is not addressed, but rather thinking points and guidelines for conquering such challenges are provided. The focus here is on use, rather than registration, of a brand. Additionally, this paper will focus on branding issues that arise in the United States.

As another preliminary matter, the term “brand” can signify the overall image or impression of a product or service in the marketplace. Trademarks can also function as brands. This paper and presentation - presented by David Bell to the Texas Bar Association at its annual meeting - addresses brands from a trademark law perspective.

To view the full article and presentation, please click on the links below.

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