Benjamin Appelbaum, Attorney at Law

Policing trademarks requires diligence

For many business owners and entrepreneurs in New Jersey, intellectual property is among the business's most valuable assets. Trademark law requires the owner of the mark to take steps to protect it, even after it's been legally registered. If the trademark is not protected, the business is at risk of losing it. To effectively protect a brand that the business has spent time and effort establishing, the business needs a comprehensive strategy, the development of which may begin long before the mark is even in use.

Savvy businesses address the issue of trademark protection before the trademark is ever used in commerce. All too often, business owners focus on the immediate obstacles standing in the way of registration without thinking about the long-term impacts of policing the mark and using it. When a threat to intellectual property arises, it's important to take action as quickly as possible; delaying protective action can actually jeopardize the owner's rights to the mark. Strategies for the protection of trademarks should address when action is taken as well as how.

On the other hand, there are times when heavy-handed action is simply overkill and can be counterproductive. Where a competitor or another business is infringing on the intellectual property of a business owner, threats of litigation are not always the best option. The business owner can often get to a satisfactory result with softer action.

People who have questions about the operation of intellectual property law or how to establish and protect their trademarks might want to speak with an attorney. An attorney with knowledge about trademark law may be able to help by examining the client's situation and suggesting intellectual property policing options. In a case where the client wants to register a mark, the attorney might draft and file a trademark application or communicate with officials from the U.S. Patent and Trademark Office on the client's behalf.

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Benjamin Appelbaum, Attorney at Law - Intellectual Property

27 Bennington Drive
Flanders, NJ 07836

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