Business owners can protect their company from trademark infringement by registering their name or logo in four easy steps.
You’ve spent countless hours brainstorming, planning, and building a brand that separates your company. Now it’s time to think about a trademark registration so you can protect all of your hard work and the future of your brand.
A trademark willguard your business name and logoshould another company try to use it for its purpose.
The trademark application is pretty straightforward, but it’s smart to prepare ahead to avoid wasting time or money on a denial.
The first step to establishing trademark protection is to confirm your business needs. A trademark is designed to protect your company’s intellectual property, such as the logo, slogan, or even color combinations.
A registered trademark will allow your business to use the mark you submitted nationwide in connection to the goods or services your company produces. A non-registered or common law trademark will only protect specific geographic areas where the owner is using it.
Before you begin the application process, you’ll need to search for similar names or marks within the trademark electronic search system (TESS). If the United States patent and trademark office (USPTO) believes your submission will likely be confused with another service mark or brand name, they will deny your registration request.
While searching the trademark database, it’s important to examine all name variations or similar trademarks that sound, look, or could have the same meaning. A small business can avoid costly mistakes by seeking legal advice from a trademark attorney if there is any confusion.
Once you’ve cleared the brand name and design you want to register, you can begin to prepare the trademark application. You can file for a name or mark already in commercial use or for future use.
You will need the following information:
The filing fee typically ranges from $250 to $350, depending on the class of goods or services you’re seeking trademark rights for.
There are two filing options: TEAS Plus and TEAS Standard. The Plus option is more streamlined, has a lower rate of rejections, and is less expensive. However, if your industry requires that you create a custom description for the type of goods or services, the Standard option might be a better choice.
After you file your application, you will receive a filing receipt with a serial number to keep tabs on your application. At this point, the U.S. patent and trademark office will assign an examining attorney to review the documents for accuracy and validity.
Continue to check the status of your trademark application, as the examiner may issue an “office action” requesting a document correction or additional information. Applicants typically have six months to respond to a request before the application filing expires.
Once the application is approved, the USPTO will publish the proposed trademark in an online journal to allow anyone else to oppose it, which can take about three months.
If there’s no opposition, you will have a registered trademark. If someone opposes your filing, you may need to hire a trademark attorney for legal advice on trademark law.
If you cannot register a trademark or simply don’t feel it’s necessary, other options are available to protect your business name.
For example, if you register as a corporation or an LLC with the state your business resides in, other companies will be prohibited from adopting your business name. You can also register for a trade name or DBA tokeep anyone from doing business using your company name.
Lastly, a copyright provides another outlet for protecting your brand and intellectual property. Like a trademark, a copyright gives the originator or assignee exclusive rights to distribute and display an original creative work.
Just like the trademark process, a copyright must be registered with the federal government to provide enforcement avenues for infringement. The difference is that the Copyright Office simply verifies the registered mark possesses a certain degree of original and creative expression but does not inquire into the business or type of goods and services related to the copyright.
Investors are more likely to feel confident contributing funds to a trademarked business with the appropriate protections. A registered trademark is often a requirement for some investors or entrepreneurs interested in purchasing a business.
Even if you’re not planning to expand anytime soon, it’s wise to protect your brand immediately before someone else tries registering your business name. When the time comes, buyers and investors will place a higher value on a business with a registered trademark protecting it.
Having a trademark protects your brand from copycats and lookalikes. Business owners can build their brand identity with aligned logos, personalized colors, and fonts using their trademarked name.
Building a recognizable brand with a registered trademark can influence how consumers feel when they see your brand. It can greatly impact sales and, most importantly, eliminate any confusion with other businesses.
Trademarking your business name is a valuable asset because it protects the company in the case of a lawsuit. If another business in your industry has the same or similar name, you’re vulnerable to legal action with a trademark.
If your business owns a registered trademark, it’s almost like a weapon in your tool kit toward off other businesses from profiting off your brand.You have every right to take legal action against anyone trying to use your business name or logo.
Trademarking your business name won’t stop another company from selling similar products or services with a different business name or logo. The only way to protect your proprietary information or trade secrets is to keep them confidential.
A trademark cannot be used to protect an idea or an invention. You must use registered copyright to protect an original work such as literature or art. Patents protect new inventions, processes, or compositions, such as medicines.
Suppose there is any confusion on the best way to protect your business. In that case, you canspeak with a Hoist representativeto clarify how each process can benefit your company.
Registering a trademark for your business is the best way to protect your brand identity from infringement. It prevents small businesses from profiting off your brand image so you can confidently build a strong and recognizable presence for your company.
Owning a trademark can offer business owners peace of mind knowing they won’t have to change gears because a startup registered a trademark name before they did. Regardless of how long you have been in business, if another company completes the registration process first, they will have exclusive rights to that name.
In most cases, you can’t go wrong by trademarking your business name. We can guide you through everything you need to knowto protect your business successfully.
Sources:
Startup 2021: How to Trademark Your Business Name | U.S. Chamber of Commerce
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