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A pair of local legal minds who worked together in previous lives reconnected to jointly publish the Fourth Edition of the American Bar Association’s (ABA) “What is a Trademark” book.

The ABA tapped Jay Erstling, an emeritus professor of international intellectual property law at Mitchell Hamline School of Law and of counsel at Patterson Thuente, to update the book. He asked Megan Miller, an intellectual property paralegal at Winthrop & Weinstine who is nearing her own graduation from law school, if she’d team up with him.

They joined Upsize to discuss the project and its use for small business owners. The interview has been edited for space.

Tellijohn: So, what’s in the book for business owners?

Jay: It’s a basic trademark primmer. It’s meant to be short and easily read by lay people. 

Megan: It goes over some of the very basic things that you need to know as a business owner regarding what a trademark is, what it does and how it can help your business. 

Tellijohn:  And is there any advice you’d give to small business owners who end up dealing with trademarks? 

Megan:  I think the biggest one is probably just a little investment upfront really goes a long way. So, do your research before you commit to a brand name. It’s a lot easier to change your name or logo before you get sued for infringement and have invested all of this money and time into a whole brand name.

 And then you might have to rebrand and reestablish your customer base. So, just putting a little bit of effort in upfront and getting that search done, preferably with an attorney, because those are the things we can provide in doing those searches that are just more reliable to help prevent future litigation or issues with rebranding.

Jay: Also, the process of registering a trademark can get complicated and having an attorney who knows how to properly draft a trademark application to make sure that you get the broadest protection possible is really important. Especially if your goal is to grow beyond a small locality, having nationwide protection is very important in whatever markets you’re planning to grow. It just helps you expand that much more easily. The nice thing about trademark registration and protection is that it is relatively inexpensive. So, the bang for the buck is really large. 

Tellijohn:  How can folks get a copy of the book? 

Megan:  It is available through the ABA’s publishing arm at: bit.ly/3hjLSkG. It’s a really easy way to understand how to use your trademark and is presented in a way that anybody can understand.

Contact: Megan Miller is an intellectual property paralegal with Winthrop & Weinstine:
mm*****@******op.com; www.winthrop.com. 

Jay Erstling is a professor emeritus at Mitchell Hamline School of Law and of counsel at Patterson Thuente: ja**********@*************ne.edu; www.mitchellhamline.edu. 

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