If you haven't trademarked your company's name or any name or symbol you use to identify your products and services, this one is especially for you. Why? Because if a law firm could lose a trademark battle over its own name then your company or business could be in for some serious problems.
The law firm Gable & Gotwals, did what many business owners do-select a name for its business and just start using it without registering a trademark. Gabble & Gotwals claimed common law trademark rights to its name by placing the TM symbol next to its name but did take the extra step to register the trademark.
Gable & Gotwals thought it was sufficient to merely place the name on its letter head and other business stationary. That was a big mistaake.
Someone bought the Gable and Gotwals name as a domain name. When the law firm sued to prevent the owner of the domain name from using its name the firm lost. The national arbitration forum decided that merely using the name on official letetrhead was not sufficient.
The problem Gable and Gotwal encountered is that in order to secure common law trademark rights, it must be established that the mark acquired secondary meaning. This would not have been necessary if the mark was registered.
Business owners need to recognize that if you own a business someone could hijack your business by simply hijacking your trademark.
Register your trademark. Don't be the next GableGotwal!
