All your company’s intellectual property (IP), including business names and logos, must be protected from infringement. These things give your business identity, allowing customers to recognize you in a sea of all other brands. So, it’s crucial to protect them so competitors cannot steal your names, creative ideas, and business symbols.
That said, registering a business trademark is the surest way of ensuring that no individual or organization can use your company’s IP for commercial benefit. A mark is a type of property that must have legal protection to ensure that you’re legitimately using it for your company and products. It also demonstrates a standard of quality that sets your company apart in the marketplace by distinguishing your goods and services from similar ones offered by other businesses.
A trademark differentiates your company and helps ensure your clients don’t confuse your competition’s products for yours. Trademark Engine and other trademark filing companies help small business owners protect their intellectual property, effectively protecting their brands.
Why Should You Register A Business Trademark?
The laws regulating business trademarks are similar to consumer protection measures meant to ensure that consumers only select and buy the products they want. For instance, if you’re an electronics supplier and a consumer goes shopping for one of the products you distribute, a strong trademark can assure you of a sale. Your business trademark ensures that your consumer, who trusts in your products’ quality, won’t be led astray by buying any of the dozens of similar-looking products available on the market.
Trademarks also make for practical communication tools that convey emotive attributes that consumers identify and associate with. If products bearing your mark have served your consumers well in the past, a positive association is established, which can help you well in the rare but unfortunate event of a product let-down.
A trademark is an intangible legal asset that never expires but appreciates over time. As your business’s worth increases, so is that of your mark. Therefore, if you ever consider selling your business, part of your asking price will be pegged to your trademark, enhancing your company’s goodwill.
Finally, registered trademarks are important because they allow business owners to take legal action against any entity using them for commercial or non-commercial purposes. A registered trademark makes it impossible for another business or institution to register its mark using a symbol that closely resembles yours. Trademarks also wade off unhealthy competition from established businesses that offer similar goods in your territory since they can’t use your mark.
Steps In Registering Your Business Trademark
Trademarks can be registered or unregistered. For instance, you might consider using an unregistered trademark if your business has minimal or no competition. Unregistered trademarks only offer limited legal protection within your local or state government. Further, in the event of a court case, it will be up to you to prove that the infringing business benefited from the reputation or goodwill associated with your unregistered trademark.
However, registering a business trademark is advantageous since it extends complete legal protection if you’re in a competitive industry.
We now look at the stages of registering a business trademark outlined by the United States Patent and Trademark Office (USPTO).
- Trademark Selection
This first step involves actively considering a creative and distinctive name, slogan, or symbol. While going about it, avoid generic names and business symbols that are easy to copy or can be confused with others that already use them.
Some ideas that might help you develop original trademarks include naming your brand after a person. If you want to be that person, don’t hesitate to use all your names if you must. John F. Kennedy is an excellent example of this. If you only want to use one name, you can take a cue from Henry Ford of Ford Motors. The options are endless. You only need to think about what you prefer to serve you best.
You can also go for abbreviations; a famous example is KFC. You could also think of symbols that have a relationship with your names, such as the Johnie Walker Keep Walking logo, or ones with no relation, such as Nike’s logo. Alternatively, you can come up with new words. A creative artist can help with this step if you find it challenging.
- Trademark Search
The second step involves conducting a comprehensive trademark Search in the USPTO database to establish that a similar trademark hasn’t already been filed. This search also looks for marks with similar symbols, names, or slogans, which can lead to the rejection of your trademark application. A comprehensive trademark search saves you time and money during the registration process. The services of IP attorneys can help you navigate this step effectively.
- Filing Your Application
The third step involves filing a duly filled USPTO trademark application form on the Trademark Electronic Application System (TEAS) to kickstart the registration process. You can opt to file under TEAS Plus or TEAS Standard.
The information details you must provide include your company’s full legal name and addresses-physical, postal, and digital. You must also supply details about your business’ incorporation status, which can be a limited liability company, limited partnership, or general partnership.
While filing, you’ll also need to specify your filing basis in the application form. There are different filing bases. For instance, if your business already uses the trademark in the sale or advertisement of your products, you’ll file it under the ‘use in commerce’ basis. If the trademark is not in use yet, you’ll file it under ‘intent-to-use basis’ to reserve it while you prepare to launch your products soon. Finally, you’ll need to provide the contact details of the person to be contacted by the USPTO concerning the application. That might be you, your attorney, or an authorized representative.
- Payment Of Processing Fee
Depending on the filing basis, a trademark processing fee is charged during different stages of the registration process. Your total charges will, however, rely on the number of trademarks to be registered, the number of classes, and the TEAS filing option selected. Sometimes, extra charges are levied on intent-to-use trademark applications. Furthermore, trademark maintenance fees will need to be paid after a given duration, which can be five or ten years.
- Tracking The Application Process
You’ll need to keep an eye on your application status at least every six months after filing until you’re issued with your registration. Since the USPTO acts on your filed documents within three weeks, it’s advisable to check within a month that your application was received and assigned.
Final Word
Although the trademark registration process is lengthy and demanding, a registered business trademark can come in handy when others try to use your business mark to their advantage. With trademarks, it helps to transfer most, if not all, the heavy lifting involving searching, filing, and maintaining your business mark to an attorney’s firm offering full-service intellectual property services.
If you’re a small business owner, you might also want to consider attorneys dedicated to addressing small business needs. It almost guarantees that the process of protecting your business and brands is simple, fast, and economical.
