In the world of social media, viral moments can change everything overnight. TikTok creator Jools LeBron experienced this firsthand when her phrase, “very demure, very mindful,” went viral, earning her over 2 million followers. However, the excitement of her newfound success quickly faded when another individual, Jefferson Bates, filed an application to register, as a trade mark, the very phrase she coined. Despite her popularity, Jools LeBron now faces the unsettling reality that someone else may claim rights to her viral expression.
Jools LeBron’s story is a reminder of how critical it is to protect your brand early on. Without proper statutory protection, even something as iconic as a viral catchphrase may be at risk of being claimed by others. While the outcome of this trade mark dispute remains uncertain, it illustrates just how complicated, yet essential, trade mark protection can be.
The complexities of trade mark disputes, as illustrated by Jools LeBron’s experience, also highlight the importance of seeking the assistance early on of a trade mark attorney. A trade mark attorney offers specialised expertise that goes far beyond what most business owners or individuals can handle on their own. While it may seem tempting to cut costs by navigating this process independently, the risks of inadequate protection can far outweigh the savings.
Common hesitations:
Many businesses and individuals are hesitant to engage a trade mark attorney for reasons such as:
- Cost Perception: Legal services are often seen as costly, leading some to believe they can manage the trade mark registration process adequately themselves.
- Lack of Knowledge: The complexities of trade mark law and the risks associated with inadequate or improper protection are not always fully appreciated.
- DIY Solutions: With a range of online tools readily available, many assume that they can manage the registration process without professional assistance.
However, these approaches often lead to significant mistakes, as the trade mark registration process is far from straightforward. It involves numerous stages that require legal precision and experience. Errors can result in inadequate protection, delays, refusals, or even inadvertent abandonment of the trade mark application. By investing in the assistance of a skilled trade mark attorney, you ensure your brand is fully protected and avoid the pitfalls that come with going at it alone. Here is how working with a trade mark attorney can benefit your business:
Expert legal knowledge
A trade mark attorney understands the intricacies of trade mark law and the effect it has on the success of a business. Generally, a trade mark attorney will take a keen interest in your business and marketing strategies and leverage these insights to guide you in selecting, registering, maintaining and enforcing your brand in compliance with legal requirements. This is especially relevant in the digital era and the prominence of social media platforms, which are, in fact, becoming common legal battlegrounds.
Comprehensive Searches
Conducting a thorough trade mark search is essential to avoid conflicts with existing trade marks and to prevent legal disputes down the line. Trade mark attorneys are equipped to perform these searches due to their knowledge of assessment criteria and extensive practical experience. By identifying potential issues before they arise, they help you safeguard your brand and reduce the risk of future legal complications.
Accurate Filing
Trade mark applications require careful attention to detail and adherence to specific requirements. This includes describing your mark precisely, such as including colour endorsements if your brand relies on specific colour(s) as a feature of its distinctiveness. For marks involving 3D shapes or unique designs, incorporating endorsements protecting these features is crucial, as using the wrong descriptions could impact your ability to take action against infringers. In addition, the proper classification of goods and services is vital to ensure that your trade mark is protected in the correct class, thereby avoiding limitations in the scope of protection afforded by your trade mark registration.
Handling legal objections
In the event that the trade mark office raises objections to the registration of your trade mark or requests additional information, a trade mark attorney is well-equipped to handle these objections, and to obtain the necessary extensions to avoid the abandonment of the trade mark. Their ability to craft well-reasoned responses and negotiate effectively often makes the difference between a successful application and a rejected one.
A trade mark attorney will also ensure that conditions which may appear harmless but have the effect of adversely affecting your trade mark rights, are properly objected to. Trade mark attorneys are skilled at addressing and even overcoming unreasonable conditions and mitigate the potential impact on your trade mark registration.
Portfolio Management
Managing a trade mark portfolio involves more than just registration. A trade mark attorney plays a crucial role in this ongoing process by handling various essential tasks, including the renewal of trade marks to ensure continued protection, amending registrations or any details pertaining to the trade mark, recording assignments in the case of acquisitions, and licenses (in the case of franchising or marketing collaboration with social media influencers) to accurately document ownership and usage rights.
Additionally, for businesses with a global presence, trade mark attorneys provide valuable advice on international trade mark protection. Adams & Adams handles filings across multiple jurisdictions in this regard.
Saving Time and Resources
By entrusting the protection of your trade marks to a trade mark attorney, you free up valuable time and resources to focus on building your business.
In short, working with a trade mark attorney is an investment that pays off by ensuring your brand is protected, retains its distinctiveness, and is set up for long-term success. Rather than waiting for a situation like Jools LeBron’s, where legal assistance becomes a necessity after the fact, it is always better to be proactive. By engaging a trade mark attorney early, you not only protect your brand from potential risks but also position it for sustained growth and recognition in an increasingly competitive marketplace.
Written by Alicia Van der Walt and Tshireletso Tlholoe
