SHOULD YOU TRADEMARK BEFORE OR AFTER A LAUNCH?

WTC?! 🧁🚫 excerpt from

www.MandourLaw.com 

ISSUE: Should you file a trademark application with the USPTO before announcing your brand? 

ANSWER: Absolutely!

DISCUSSION: "Shortly after the [Facebook] announcement of its rebranding, an Arizona startup company claimed they already had rights to the meta trademark. Meta PC is an LLC that filed a trademark application in August 2021, and its filing states they’ve used “Meta” in commerce since at least November 2020. The startup sells computers, keyboards, disk drives and other electronic devices.

The smaller company has taken to social media to joke about the situation. However, it was no laughing matter, when TMZ reported the business wanted $20 million from Facebook to use the name.

While Meta PC has not yet been granted a trademark registration, its application certainly predates the application submitted on Oct. 28 by Facebook.”

RULE: In a world where first to file establishes priority at the US Patent and Trademark Office, it is best to file a trademark application before mentioning your brand on social media or hosting a brand launch party.