Here in Chicago, we have been sharing the beginning of our summer with the 17-year cicadas. It’s now peak season, and they are singing in their full glory! We hope to reclaim our yards and summer fun by the 4th of July. Which got me thinking: is there anything we trademark attorneys can learn from the lifecycle of a cicada? Spoiler alert, of course there is!
Periodic cicadas spend the majority of their lives underground and emerge every 13 or 17 years as adults with a singular purpose: to mate. After the mate, they die a few weeks later. The female lays her eggs which go underground until the next cycle emerges. An interesting existence, wouldn’t you say? That’s about all the science I know, but I think there are some interesting parallels and contrasts we can draw to the branding and trademark process to help us with our small business clients.
Prepare your emergence
Just like the cicada spends most of its life living underground until it is an adult ready to emerge and mate, the same can be true for many of our small business clients. To have a truly successful marketing and business strategy, our clients should take the necessary steps to have a branding strategy, hire a trademark attorney to help them properly search the marketplace before the business launches and scales.
Making an impact
We notice cicadas because they are EVERYWHERE! They make noise. The same should be true for any successful branding strategy. Our clients should be making noise with their trademarks. They should be using them (properly) everywhere and making a splash to achieve the widespread consumer recognition that will build their brand. Once a trademark is a full-grown adult (after whatever period of time that is), it should be an attractive partner to everyone, because it has proven itself in the marketplace.
Lifecycle management
Cicadas die after they emerge and serve their purpose. This is the biggest difference between cicadas and trademarks. If a brand is not properly used, it too will die off. Trademarks need to be out in the open and used proudly and loudly at all times to remain active and enforceable. Our job as trademark counsel is to continue to monitor and audit our client’s businesses to be sure there isn’t a need for new trademark to protect the business.
The cicadas’ cyclical nature teaches us valuable lessons we can share with our clients in patience, preparation, and making the most of every opportunity. For businesses, this translates to the diligent management of trademarks, ensuring they remain vibrant and effective symbols of their brand. Just as the cicadas’ song is unmistakable, our client’s trademarks should resonate clearly in the minds of their consumers.
Want to Learn More?
In the Trademarkabilities® Masterclass, we cover the entire lifecycle of a trademark and teach you how to navigate your client through each step. If you are new to trademark law and would like to learn more tips and strategies about counseling clients through each filing trademark applications and how to counsel your clients through the process, consider joining our Trademarkabilities® Masterclass. You learn more about our courses here to enroll or reach out to us for more information. Or, you can join our mailing list, and download our free e-guide “5 Tips for Trademark Attorney Success.”
Stacey C. Kalamaras is the founder and lead instructor of Trademarkabilities ®, an online trademark training academy designed to help lawyers learn and practice trademark law. Through clear, step-by-step lessons and supportive group mentoring, we’ll give you the tools to confidently navigate the trademark application process at the USPTO and build a thriving practice in a fast-growing field. Stacey started Trademarkabilities to share her passion teaching the law with the next generation of lawyers and help them become practice ready lawyers. Contact us at: hello@trademarkabilities.com .
Stacey is also a seasoned trademark attorney and currently works in-house as Senior Counsel for a multi-national candy company. She previously owned her own solo trademark practice, which she scaled and sold. She has been recognized by her peers for her outstanding knowledge and service in intellectual property law.