The Law Office of Jambah Kollie

02/01/2022

With so much information out there, it’s easy to get confused about the when, whys, and whats of trademark law. That said, swipe for a few myths debunked ➡️✨

1. Securing a domain name does nothing apart from… securing the domain name. The only way to actually ensure you own the rights to that name is to register it as a trademark with the U.S. government.

2. A patent protects and grants exclusive rights over the sales and distribution of a certain invention but it doesn’t protect the branding for that invention. The appropriate way to protect your branding (the name of your company, invention, product, course, and/ or the logos and slogans used in connection with the branding), is to secure a trademark.

3. Trademarks registration will not only prevent others from using a trademark that is identical to yours, but will also prohibit the use of any trademark that is “confusingly similar” to yours—even if not identical. That said, just changing the spelling or adding an “s” to an already registered trademark won’t clear it for use.

4. A state trademark only creates rights and benefits in the state of registration while a federal trademark protects the trademark owner throughout the country. The filing fees for a state trademark may be slightly more affordable but in most cases, the registration may actually end up being useless.

5. The right time to file a trademark is now… as soon as possible. Don’t make the huge mistake of heavily investing into your brand and waiting for it to become “successful” before filing because someone else may beat you to it.

04/02/2021

To achieve the highest level of brand protection, you should trademark ALL of your unique brand identifiers, which could include your business name, logo, slogan, product names, and more. However, let’s be realistic, often times, that’s just not financially possible.

When it comes to business names vs. logos, a question a lot of my clients ask is if they should start with or do one over the other. If you’re in this situation, consider these 3 factors.

1. What does your logo look like?

If by chance your logo is just your brand name with very little to no imagery or special design, then it’s possible that by trademarking your logo, you can gain protection for your name as well.

2. Which of the two is more client-facing?

If you’re a service-based business, or have a brick and mortor location where your company name will be shared via word of mouth and reviews, then your name may be more client- facing and thus more imperative to protect. While if you’re a product-based company and your logo will go on packaging or the product itself (think the Nike swoosh symbol) then, it may be wise to go with your logo first.

3. Do you plan to maintain the same logo forever?

Trademark protection lasts only if you continue to use the trademark. So if you know you plan to change or significantly revamp your logo soon or often, then investing in your business name might be the more financially-wise decision for you.

03/18/2021

Although business owners may be tempted to use one LLC to run several businesses, and sometimes doing so does in fact make sense, it’s usually not the wisest decision. Due to the increased risk created otherwise, it’s almost always best to create separate LLCs for each of your business ventures.. swipe through to see why ➡️✨

www.jambahkollielaw.com

01/25/2021

The ONLY way to protect your brand name throughout the United States is by obtaining a federally registered trademark®.

An LLC will shield you, as an individual, from lawsuit, but will not protect your branding. With a federally registered trademark, not only will you have the exclusive right to use your name throughout the United States and online, but you’ll also be entitled to compensation should someone infringe on that right.

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01/13/2021

12/17/2020

✨A friendly reminder✨

The United States Patent and Trademark Office (USPTO) will increase a number of filing fees (including the fee for registered trademarks) in just a few weeks. If you’ve been thinking about securing a federal trademark, we suggest getting it done before prices go up ⬆️.

12/16/2020

As a business owner, you may have been advised by someone to trademark your brand identifiers within your state. Although this option may seem appealing, it’s very unlikely that this is the best option for your business. Here’s why:

There are actually three types of trademarks and their scope of protection all vary.

Common Law trademarks are established once you begin using your brand identifier (name, logo, slogan, tag line, etc.) in commerce, meaning, once you begin doing business. You may begin using the ™️ symbol immediately, no application necessary, to show your intention of invoking common law trademark protection. However, the drawback here is that common law trademarks only protect you in a limited geographic scope. This is usually limited to your town, city, or county, and can sometimes extend to your entire state, but that’s it. A common law trademark will not prevent another business from using your name, logo, or slogan outside of that specific geographic area.

With a State Trademark, you know you are covered within your entire state and will also be able to reap the benefits and remedies provided by your state statute. This type of trademark does not prevent competitors from using your brand identifier outside of your state or online in e-commerce.

Finally, the holy grail Federal Trademark will protect you in all 50 states and in e-commerce. Once your trademark is federally registered, you may begin using the ®️ symbol to show your exclusive right to use the trademark throughout the country. You will be able to reap the benefits and remedies of the federal statute should someone infringe on your mark and you will also have obtained a growing asset that will not only protect your business, but increase its value, both monetarily and in the public eye.

12/07/2020

✨💰 Let’s talk money & trademarks 💰✨

Did you know trademark monetization is a thing? Your trademark is an asset that you absolutely can and should earn money from. How so?

Well firstly, you can license your trademark to other companies. As the owner of a trademark, you can allow other companies to use that name, slogan, tag line etc. that you created and own, and you can charge them to do so. 👌🏾

Second, you can also leverage the value of your trademark to attract financing from sources like investors. Because your trademark increases in value as your brand builds equity and becomes more recognized, you can utilize your trademark as a selling point when trying to secure funds.

Next, a trademark helps increase your brand recognition which will likely equate to more customers. By owning your trademark, you can prevent other brands from utilizing the same or confusingly similar names, logos, tag lines, slogans, and more.. this way, all of your potential customers will know to patronage you and not the brand they could potentially confuse you with.

And finally, you can sell your trademark if and when you’re no longer using it. Like I said before, that trademark holds weight.

All of that said, business owners, it’s time to stop looking at a registered trademark like a business expense and start to look at it like a smart business investment. ✨

12/01/2020

With the holiday photography season in tow, we want to make sure all of our photographer friends are covered. Of course there are many contract clauses required to ensure the upmost protection for you, your brand, and your work, but here are 3 you don’t want to forget:

✔️A Copyright Ownership/Assignment Clause

One of the most important in terms of building your brand equity. This clause may differ depending on if you’re shooting for a business (photos they’ll use to make a profit) or if you’re shooting for an individual. Whichever the case, this clause should clearly identify who will own the copyright to the photos once taken, as well as establish whether a license to utilize the photos in a portfolio or for other advertising/marketing purposes will be maintained or given.

✔️A Post-Production & Editing Clause

This clause should spell out what postproduction steps you’ll take and what the client can and cannot do (editing-wise)to the photos once produced. This is important because post-editing by someone else has the potential to change the entire aesthetic of your work, something you likely want to control.

✔️A Liability Limitation Clause

Lastly, you’ll want to include a clause that limits your liability in the event of things beyond your control such as injury, illness, acts of God, or the loss or destruction of files. This is the clause that could save you tons of money in the event that something goes wrong.

As always, we’re here to help ✨

11/28/2020

Yesterday, small businesses, especially small black businesses, thrived. I’m proud of the way we showed up to support one another. Given the uptick in social media promotion, chances are, if you were a part of that rush, you gained both new customers and new followers. This means one thing: your business is growing! And growing businesses need protection.

That’s where we come in. Our Trademark Service will help you protect your brand, your creativity, and your profits.

Our Black Friday sale on trademarks ends Sunday November 29th at 11:59 pm EST.. so you have less than 48 hours remaining to take advantage. Follow this link and select “Black Friday Sale” to get started: ⬇️

https://linktr.ee/jambahkollielaw

11/25/2020

✨Our Black Friday Sale is live✨

If you’ve been thinking about securing your brand’s trademark, NOW is the time. End the year knowing all of your hard work, creativity, and profits are protected.

Swipe through to learn more —> and then share this w/ a business or entrepreneur that you think could use a trademark.

P.S. The United States Patent & Trademark Office (USPTO) is slated to increase the price of the filing fee for trademark applications come January 2021. That said, our regular price will increase as well... so don’t miss out on what will probably be the lowest prices we’ll ever offer.

www.jambahkollielaw.com/shop-1

11/09/2020

When going into a new business, it’s almost always a good idea to keep start up costs low. However, many entrepreneurs make the mistake of waiting too long to trademark their brand, when trademarking should in fact be considered one of the earlier, more essential expenses. Why? Apart from all of the time and effort spent building your brand, you also run the risk of losing and having to spend a lot of unnecessary money if someone trademarks or has already trademarked your brand before you. Check out some of the potential costs associated with NOT trademarking your brand below.