October 2016

Trademark Attorney Warns of Poor Pre-Market Research


By Corey Noles

Starting a business can be a daunting task. Without paying proper attention to trademarks and branding, it can also be a very sad one.

Countless companies start up every day without protecting their name or brand and it can lead to a very tragic story. They could be using a name that already has such protections — meaning the company would have to change its own branding. Or, equally bad, someone could be copying their brand and costing them countless dollars.

Mark J. Ingber, intellectual property attorney and founder of the Ingber Law Firm, hears these stories from companies within the vapor industry daily.

“Companies need to protect their brand just like they would their recipes — but they don’t for the most part,” Ingber said. Ingber has worked with a variety of noteworthy clients, including Halo and NicoPure.

When he began working with Halo, the company was being hounded left and right by companies copying their brand. Ingber and Halo purchased and legally acquired the rights to their marks and began an aggressive policing policy.

‘We got rid of all the copycats and made it safer to promote their brand worldwide,” Ingber said.

According to Ingber, protecting one’s brand in the United States is not enough today. More than half of his current business consists of protecting American brands in Europe and China.

Policing your brands is as important as registering them for a variety of reasons, he said.

“By stopping other people from using them, you can recover damages, attorney’s fees and shut them down,” Ingber said. “Doing that tells the industry you plan to police your marks and protect them however necessary.”

Basically, a trademark is a brand name. For a mark to be a trademark, it should be identified in the minds of consumers with a particular source of a good or service. Trademarks can be renewed forever as long as they are being used in commerce.

A major goal of trademark law is to protect consumers and prevent them from being confused as to which business they are dealing with or purchasing from. We also advise our clients in matters involving internet domain name disputes, transfer of technology and licensing.

For more information about trademark lawyer, or to speak with Ingber, visit http://www.ingberiplawyer.com/.