Who should register a trademark?

As you many know, Shreya and I have been spending a lot of time in Texas, working on some big work projects. You may also know as a Lawyer-Human, we don’t live in a mahogany office 18 hours a day in one of many gray suits. We like to get outdoors; we like to go surfing (even if it means being covered head-to-toe in neoprene wetsuits). 

A buddy of mine told me to check out this great surf shop in Galveston, TX. The shop’s owner makes Senator surfboards. Senator boards are what this buddy of mine loaned me when I was first learning to surf in Washington, so they will always be a brand that I remember. When I looked up the shop’s website for information, I also found a story about the history of Senator boards, which were NOT always labeled with that name. 

According to the website, in 1991, the shop owner started making boards labeled “Hurricane.” At the time this was in the guy’s garage…the way a lot of board companies get started. Business started growing. They got a bigger shop, then they got a second shop. Seems like things were going along just fine, BUT THEN…

In 2007, a South African company was granted a US trademark registration for Hurricane surfboards. According to their trademark application, they first starting making Hurricane boards in 2001…a full 10 years after the guy here in Texas. Now this other company claimed ownership to the name, and I imagine, told the shop in Texas to find a new name for its boards.

Now I don’t know what this guy’s reaction was when he found out he’d have to come up with a new name for the surfboards he had been making for over 15 years. I like to think he’s a zen-master, laid-back surfer who simply said “right on” in his best Matthew McConaughey voice.

Maybe he (like a lot of other business owners) kicked himself in the ass for not spending a few hundred bucks to stop someone else from hijacking or profiting off the brand he had invested time, money and energy into developing. And maybe no one was righteous enough to tell him that he could do something about it, brah! 

So how would you feel if somebody else started using YOUR brand or business name?

If you were this business owner would you have:
A) registered your trademark early before somebody copied it?
B) fight to oppose or cancel the other company’s trademark?
C) crack open a beer and start brainstorming new business names?

As you see when it comes to protecting your brand or business, there are options ranging from proactive (don’t smoke in bed) to reactive (smoke in bed with a fire extinguisher). If you want to know more or have questions about what’s best for your business, shoot us an email or give us a call at (206) 219-9559 to schedule a time to talk.