Trademark Advice: Measure Twice, Cut Once — How to Avoid Unnecessary Legal Fees


Originally published in Utah Business.

Very seldom do companies intentionally adopt trademarks that are likely to cause confusion in the marketplace or intend to profit on the goodwill of other companies. Yet, even without such intent, it is far too often the case that companies have to abandon trademark applications, are drawn into trademark opposition or cancellation proceedings, receive cease and desist letters or become defendants in trademark infringement litigation all because they didn’t adhere to the old adage “measure twice, cut once.” Time, money and goodwill are inevitably lost as a result. Other companies are surprised to learn that their trademarks, while not infringing the rights of others, cannot be successfully enforced against others.

While the counsel of an experienced trademark attorney cannot be overstated, whether you are selecting a name, logo or tagline for a new or existing company, or its products or services, the four suggestions outlined in this article can help you to build a protectable brand, and do so more efficiently. By carefully considering your trademark issues, like the carpenter who measures twice before cutting, you too can save time, money and avoid legal hassles.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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