Marks of a Mogul The Biz Lawyer

How do trademark infringers steal your brand? In this episode of Marks of a Mogul, Rosezena discusses the three types of infringers: the copycat, counterfeiter, and confiscator. It’s important to understand how trademark infringers try to steal your brand. A copycat steals parts of your brand but repackages it as their own. A counterfeiter makes knock-offs of your brand, but sells the fake product for a cheaper price, and the worst trademark infringer, the confiscator, files for a trademark before you do. Even though the confiscator is stealing your brand, they are legally protected because they filed for the trademark. 
 
So, how do you protect your brand from the three Cs of trademark infringement? By securing your brand and filing for a trademark, copycats, counterfeiters, and confiscators are legally prevented from infringing on your brand. To learn how to protect your brand from infringement, listen to Rosezena explain how trademark law prohibits the three types of infringers from stealing your brands distinctive features. 
 
(00:28) – Introducing infringement  (01:13) – What is a copycat?  (02:00) – What is a brand story? (03:40) – The counterfeiter  (05:42) – The confiscator  (07:20) – How do you protect yourself? (09:58) – Registering your brand with US Customs and Border Patrol (11:42) – How to get rid of confiscators—forever!  (13:15) – Inherent distinctiveness (15:28) – Why it’s hard to protect fashionable items under U.S. trademark law  (16:26) – Contact Rosezena, @thebizlaywer, to protect your fashion brand  Even if your brand is trademarked, the three types of trademark infringers can still try and profit from your brand, which is why it’s important to know trademark law well. For example, the U.S. makes it even harder to protect fashion brands under trademark law because it classifies fashion items as a wearable-garment. Despite this difficulty, Rosezena can work with you to secure your fashion brand so you can secure the bag. 
 
Connect with Rosezena: Instagram / Podcast 

Why does Rihanna have 52 trademarks? Because there are 45 different classes of trademarks under trademark law, it’s important to understand how your products are categorized within each class. In this episode of Marks of a Mogul, Rosezena describes the various classes of trademarks and how different products can fall into different classes even if they’re from the same brand. 
 
While trademarks are often misunderstood to cover a brand’s entire product line, some industries contain multiple trademark classes and require brand owners to file for trademarks in each class individually to secure rights to their brand. Trademark classes exist so different brands can use the same name for different products, like Pandora jewelry and the music streaming service, Pandora. Even though Dove owns both Dove Chocolate and Dove Soap, it had to file for trademarks in each class individually to use the same name. What happens if you don’t file for a trademark in the right class? If you don’t file for a trademark for each class that applies to your brand, another company can use your brand’s name to market products within that particular class. To avoid missing out on owning your brand’s name in multiple classes of product, listen to Rosezena explain how to secure your brand within the 45 classes of trademark law in this episode of Marks of a Mogul. 
 
(01:25) – Why does Rihanna have so many trademarks? (02:00) – The 45 classes of trademarks under trademark law  (04:17) – What parts of your brand should be trademarked? (05:34) – What if my brand isn’t trademarked in a specific class? (08:36) – Registering with the USPTO  (09:44) – When to use a 1B Application (10:50) – How hair-care products fall under multiple trademark classes  (13:27) – Contact Rosezena, @thebizlawyer, to learn more about navigating trademark classes

Ever wonder what going viral could do for your brand? Going viral opens your brand to another level of profit, but this publicity attracts people who try to capitalize on your profits by using your slogan. In this episode of Marks of a Mogul, Rosezena, the Biz Lawyer, explains everything you need to know about securing your brand before you go viral so you secure the bag.  
With TikTok, Instagram, and Twitter, it’s only a matter of time before your brand’s slogan goes viral. While the increased visibility your brand gains from viral fame is great for profit, this popularity increases the chance people will use your slogan for their own content and even try to capitalize on your brand for profit. If your brand isn’t trademarked before everyone is using it, there is a chance you will be unable to secure your brand and lose the rights to its slogan. Filing for a trademark before your brand goes viral is key in preventing this and enables you to profit even when others want to use your brand’s slogan after it’s famous. To learn more about how to secure your brand so you can secure the bag, listen to Rosezena explain trademark laws in the episode Before You Go Viral. 
(01:45) – What happens when your brand goes viral? (03:28) – What happens when everybody uses your slogan? (07:00) – Failing to function as a trademark  (09:00) – How people can capitalize on your slogan (09:49) – The trouble in claiming ownership after going viral  (11:40) – Using your slogan for commercial purposes  (13:00) – When should you file your trademark? (14:09) – Beware of cyber-squatters  (18:20) – Arguing against rejection and application abandonment  (20:37) – Book your Trademark Brand Package with Rosezena  (21:46) – Getting your trademark government approved  To make the most of the brand you built, file for a trademark today so once you go viral, your brand, and your legacy, are protected. 
Connect with Rosezena: Instagram / Podcast 

Ever wonder how to make your brand into a legacy? In this episode of Marks of a Mogul, Rosezena J. Pierce teaches you how to build a brand that outlives you by protecting your brand legally and discussing the importance of trademarks. 
Rosezena explains that the first step in making your brand a generational asset is protecting it with a trademark. Establishing a trademark enables the continued use of your brand after death. The continued use of your trademark and a great succession plan is the key to protecting your legacy. By taking these steps to secure your brand, you turn your brand into an asset that outlives you and passes through your family for generations. In the episode Trademarks After Death, Rosezena walks you through the necessary steps in successfully securing your brand and making sure your legacy lives on. 
(01:48) – How copyright law addresses death  (02:31) – What material is covered under copyright law  (04:00) – Understanding a work for hire agreement  (04:55) – How family members can pursue royalties under copyright law (06:10) – Discussing design and utility patents  (06:43) – The criteria for trade secrets (08:20) – Understanding trademarks, “as long as you use it, you will not lose it” (11:40) – The importance of a great succession plan in securing your brand  (16:00) – Unless you get a license agreement, it’s not worth it  (18:10) – “Secure the brand so you can secure the legacy so you can secure the bag”  (18:30) – Book your trademark package with Rosezena  (20:22) – Getting your trademark approved  Remember, when you secure your brand, you secure your legacy. Make the steps to protect your legacy by securing your brand today, and leave your mark on history by building a brand that outlives you. 
 
Connect with Rosezena: Instagram / Podcast 
 

Calling all Bizpreneurs, Bosses and Biz professionals! This women’s history month, I thought it was imperative we finally launched a podcast dedicated to not only building, but protecting wealth. 
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Securing your legacy is never easy join The Biz Lawyer® Rosezena J. Pierce on March 8th as she educates you on securing your brand.