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Recommend Let the Market Guide Your Trademark Decisions (Email)

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Believe it or not, trademark law is here to serve you. Therefore, you should let the market guide your decisions in what trademarks to register and what enforcement actions to take.

Much of trademark law is optional. You don’t need a federal (or state) trademark registration. Getting a registration can be smart, but it’s not required. So, let the cost guide you in deciding whether it’s worth the effort.

The same is true with enforcing your trademark rights. The law doesn’t require trademark owners to oppose every application for a potentially-conflicting trademark registration. It also doesn’t require you to sue every potential infringer. Oftentimes, you get to pick your battles, and you should do so carefully.

It usually comes down to whether you would get a good return on your investment. In other words, you should apply to register your name, logo, and/or tag line if it would likely be worth your while to do so.


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