How the Internet Has Transformed Brand Security: Why Trademark Registration is Key

In the last 30 years, the internet has completely revolutionized almost every aspect of our lives. From how we shop, pay bills, navigate the world, and interact with one another. Social media, digital commerce, and other remarkable technological advances have overhauled everything—including how we run our businesses.

While much of what the internet offers has been a welcomed change and has made things easier and more streamlined, not everything has improved. Digital piracy, privacy, and how we handle our data online continue to be a constant struggle for individuals and businesses. As security measures and protections continue to evolve, so too do the nefarious actors that seek to exploit and steal the hard work of business owners all over the globe.

Now more than ever, it's critical to put the proper trademarks in place to protect your business online.

IT WASN’T ALWAYS This Way: How Trademark Theft Has Evolved

Only a few short decades ago, starting a business was straightforward. You rented a storefront, created your branding, registered your business, and began providing goods and services to eager customers in your area. Whether you were selling clothing designs, food and beverages, or tax preparation services, you could expect to provide goods and services to the people in your community and reasonably expect to be compensated fairly for your hard work.

These days, about 3 in 4 businesses have a digital presence, with many companies operating entirely online. E-commerce, digital marketplaces, and the accessibility of website builders and social media have made it easier for entrepreneurs to create and grow businesses with global reach. But with this explosion in opportunity has also come the drawback that it's now easier than ever for people to imitate your unique brand elements, or even your business name. That means, your competition isn’t the other businesses within a few miles of your storefront. It’s now the whole world.

Many businesses have felt the negative economic and reputational effects that come from having their branding elements or name copied. Common scenarios include consumers mistakenly believing your business and your competitors business are affiliated, or even confusing your businesses with one another altogether.  Imagine a customer leaving a negative online review for your business, mistakenly confusing your brand with that of a competitor. 

Unfortunately, these scenarios are all too common when it comes to the online marketplace and intellectual property. Many online platforms such as social media sites and search engines are popular with different sellers offering similar services or products, making it all the more important to stand out in your sector.

For example, you open a business selling high quality products and have worked hard to achieve a solid reputation. You have invested in a website, branding, digital and print marketing. To promote your business, you maintain an active social media presence across various platforms. You invest the time in acquiring positive online reviews for your business. A bad actor could come along, and hoping to capitalize on your hard work, decides to closely match your logo, name, products or services.

In this situation, you may wish to request assistance from the online platforms to support your position, by requesting and initiating “take down” procedures. As a busy business owner, the process can feel stressful, unfair, and time consuming. 

Protecting Your Business In the Digital Age

Numerous online business owners have experienced this not uncommon problem. The websites and platforms each have their own take down process, and vary in their time frame and responsiveness to infringement reports.

In this modern era, trademark protection remains a robust and enforceable recourse for businesses. With a registered trademark, you, as a business owner, have significantly more power to protect and enforce your brand and name. 

With trademark protection in place, you can file DMCA takedowns and send cease and desist letters to prevent further harm to your business should someone attempt to copy or distribute your work. Protecting and registering your creative assets gives you significant leverage when trying to work with websites to get offending material taken down, and many online companies are far more likely to work to help with a registered trademark holder.

A trademark attorney can help you apply for and obtain your trademark registration, remove infringing materials, and monitor for additional instances of infringement . When protecting your intellectual property, it’s critical to take a proactive approach and ensure that safety measures are in place long before the infringement can even occur.

These safety measures include:

  • Registering trademarks with the United States Patent and Trademark Office (USPTO)

  • Engaging safety features on websites, such as removing the ability to save images

  • Using appropriate licensing for content so it isn’t distributed without your consent or permission

While you can’t completely prevent the copying of your name and branding, there are many steps you can take to keep your business safe.

Start Your Brand Security Journey Today

Ready to secure your brand's future? Schedule your complimentary trademark consultation to get started. I’ll guide you through each step of the registration process and provide ongoing support to protect what you've worked so hard to build.

Don’t leave your brand vulnerable. Reach out today to discuss how we can ensure your business is protected, both online and offline.

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The Legal Side of Brand Collaborations: How Trademarks Play a Crucial Role

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How to Choose Trademark-able Brand Assets