You invest time, resources, and passion into establishing a name that resonates with your customers. Then, out of the blue, you discover a different company uses a similar name and confuses your clientele. Is there anything you can do not to let this situation happen? Absolutely. How do I trademark my business name? Read out to find it out and discover why it is so important to guard it from unauthorized usage by others.
Why does your brand need protection?
Before we pass to the explanation of how to trademark business names, picture this: you own a charming bakery called “Sweet Delights,” and another bakery opens nearby with a shockingly similar signboard, “Sweet Delicacies.” The similarity stirs confusion among your customers and results in a considerable financial loss for your business.
If you think that the probability of such a situation is low, just think of the number of companies that use the distorted version of the word “Adidas” to sell their low-quality items all over the world. When you’ve protected your brand, you keep your company’s unique identity intact. It not only grants you the exclusive usage rights but it also adds credibility to your company.
Additionally, having your name legally guarded bolsters your company’s value. If you ever sell your business and need to transfer your rights to someone else, you would have to sign a trademark assignment agreement. This document will serve as legal proof that the brand belongs to a new owner.
What type of trademark should you choose?
The first thing you need to do to trademark a brand name is to decide what exactly you want to protect: words, logo, or unity of both. Here are the most common types businesses use:
- Word marks: This category is ideal if you want to shield company or product names. For instance, “Nike” or “Lego.”
- Design marks: If your firm’s visual identity, like a logo or emblem, needs protection, this is your go-to category. A classic example is the mermaid emblem of Starbucks.
- Audial marks: Does your project have distinguishing sounds or jingles? These can be an object of legal protection, too, like the roar of MGM’s lion.
- Color marks: Sometimes, even a certain shade can be associated with a business. The iconic red soles of Christian Louboutin’s shoes are a great example.
- Three-dimensional marks: If your product’s unique shape or packaging is what sets it apart, this option is for you.
How to trademark a business name
The registration process might take some time, but it’s a fair price to pay for the knowledge that nobody uses your brand for business purposes. Here is a simple instruction for you on how to trademark a brand name:
- Do a full search: Make sure no one else is using your desired name. The online database of the United States Patent and Trademark Office (USPTO) is a good place for this. If you find variants that are too similar to yours, opt for choosing something else. You don’t want your brand to be confused with other companies, do you?
- Collect documents: Before filling in the application, clarify the specimen of use — all the details about your trademark, like the name of the business, its specifics, etc.
- File an application: Visit the USPTO’s website to apply for trademark registration.
- Pay your fees: Registration costs money. The size of the fee varies based on how you’re using the trademark.
- Wait for review: A USPTO attorney will check your application once they receive it. They might contact you if they need extra information or if there are any issues with your application.
- Wait for approval: How soon will I trademark my brand name? you may ask. If your application passes review, your trademark will be published in the Official Gazette of the USPTO.
How can you legally protect your brand?
How to trademark my business name? is not the only question you should worry about. With the registration process finished, the challenge isn’t over. Now, you have to stay alert and watch for any businesses that might exploit a designation strikingly similar to yours. If you spot such an issue, don’t delay — deal with it promptly. If needed, seek legal guidance. Hire a lawyer who has expertise in intellectual property rights. They can help spot any possible infringement and swiftly guide you to the right course of action.
Additionally, make sure to renew your registration periodically. Usually, it is required every ten years, but it’s always better to check your local laws.
Conclusion
The decision to file trademark for business name, while seemingly complicated, is a business necessity in today’s competitive environment. By affording protective custody to your brand name, a trademark dilutes the likelihood of market confusion and keeps your brand distinctly recognized. It not only underlines your company’s credibility but also enhances its value if you decide to sell it. With your rights legally guarded, you can keep unfair competitors at bay and maintain your brand’s unique positioning in the marketplace.
This article is part of a media partnership with Lawrina. For partnering opportunities, contact akansha@techfundingnews.com or sales@techfundingnews.com.
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