S1, Episode 10: IP Protection – Trademarks

Season One, Episode Ten– A primer on trademarks, including definitions, business name selection, how trademarks protect your brand, and application timelines and requirements.

Episode Description: Arun Swain (Fordham Law ‘19) and Harrison Kay (Fordham Law ‘19) join to discuss trademarks – what they are, how to determine if your startup should apply for  one, how trademarks protect your brand, and what you need to know if you decide to apply for one.  This episode is the third of a four-part series about intellectual property protection, and was researched and prepared by Arun Swain and Akbar Khan (Fordham Law ‘18).

Episode Roadmap:

  • [:30]  Arun Swain and Harrison Kay introduce themselves as Fordham Law students under the direction of Professor Bernice Grant.
  • [1:27] An overview of trademarks, how startups can benefit from trademarks, and differences between trademarks and copyrights.
  • [4:09] Considerations for entrepreneurs when choosing a business name, based on factors that affect likelihood of obtaining trademark protection.
  • [9:37] Balancing marketing and legal concerns when selecting a business name. Importance of searching for available trademarks.
  • [12:17] Timelines for filing to register a trademark, and details of trademark application process.
  • [19:06] Steps that must be taken once a trademark application is approved.
  • [22:42] Requirements for registering for federal trademark protection.
  • [24:12] Benefits of hiring an attorney to assist in the trademark registration process.
  • [26:26] Considerations for international trademark protection.

Tweetables:

“Trademarks allow companies to protect their brand by giving a consumer the ability to distinguish one company’s goods from another.” -Arun Swain
“The first business to use a trademark on an ongoing basis owns the common law rights to it.” -Arun Swain
“Attorneys can provide you with strategic advice for your particular situation and help… you get a stronger trademark registered.” -Arun Swain

Mentioned in This Episode:

Additional Resources:

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Disclaimer: The information contained in the Startup LAWnchpad Podcast and any materials associated therewith (the “Podcast”), is for educational and informational purposes only. The Podcast does not constitute legal advice or tax advice with respect to any particular circumstance. The Podcast is not a complete overview or analysis of the topics presented, and may contain information that varies in different jurisdictions and that is subject to revision, interpretation, or nullification after the date of recording. The transmission of information to you does not create a lawyer-client relationship between you and any host, guest, or their respective employer, including but not limited to Fordham University School of Law and Lincoln Square Legal Services, Inc. None of these parties shall be liable for any loss that may arise from any reliance on the Podcast. You should not rely upon the Podcast or treat it as a substitute for legal advice. You should consult a lawyer familiar with your particular circumstances and licensed in your jurisdiction for legal advice.

Startup LAWnchpad is a new podcast that helps bridge the gap between entrepreneurs and their legal needs.  This podcast is a series of virtual legal workshops that will educate entrepreneurs about legal issues they commonly face as they develop, launch and grow their business.

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