If you plan on being in business for any amount of time, registered trademarks are a part of building a brand.
Your brand is WHO you are, WHAT you do, and WHY you do it.
It’s how consumers will first encounter your business.
It’s the common thread throughout your marketing. Your website, business cards, and invoices all reflect it.
Remember – people don’t have relationships with products; they are loyal to brands. That’s why brands are important.
What can be a Trademark?
Trademarks represent brands. Names, logos, phrases (slogans) are the most common types.
They help customers find the products and services that they like, and helps make them repeat customers.
They also help customers recommend products and services to their friends, and is free marketing.
Trademarks convey stability, trust, and tap the human preference for visuals, which makes your marketing more effective and less expensive.
What Can You with Registered Trademarks?
The three most common things that a business can trademark are:
Names. Usually, your company name or the name of your product.
Logo. Your company logo or other graphic used to brand your products
Phrases + slogans. The phrase you use to sell your products.
In most cases, names and logos are the cornerstones of brands.
Some examples of things that you cannot trademark include ideas (that’s for patents), creative works (that’s for copyrights), and mobile apps (code is protected by copyrights).
Registered Trademarks Protect Brands
A Federal trademark registration is the single best way to protect the mark(s) that reflect your brand.
It gives you the exclusive right to use your name + logo + slogan. This means you’re the only one who can use them to represent your brand.
If you don’t do this to your name, then anyone can use it. You won’t be able to stop someone from using your brand.
Plus, if someone else trademarks it first, they’ll own the exclusive right to use the brand nationally. You’ll have to rebrand or face expensive legal work.
That’s why it’s so important to get a Federal trademark as soon as possible.
When Should You Trademark Your Brand?
You should apply as soon as possible.
Federal law allows you to apply before you even start your business. In fact, about 50% take advantage of these provisions.
Also, the process can take up to a year (you’re working with the Federal government after all!). So, starting earlier rather than later minimizes the time you’ll be selling without protection.
By doing this earlier rather than later, you’ll:
Identify potential roadblocks for your brand early. Every trademark application is reviewed by the U.S. Patent and Trademark Office. The sooner you file, the sooner you’ll receive word about possible conflicts with competitors, registrability issues, or other problems that may require choosing a different trademark.
Begin discouraging others from using even similar brands. Every application is added to the Federal trademark database, which is the primary source for all trademark searches. This means that your competitors will find it when they conduct their trademark searches. More importantly, from the very day your application is filed, it will block applications for similar trademarks!
Enjoy some instant credibility. Only a Federal registration gives you the legal right to use the ® symbol, which tells the world that you take your business and brand seriously.
Start the Clock Towards Incontestability of Your Trademark. After five years of use, your Federal trademark protection becomes incontestable. This means that it cannot be challenged based on earlier or competing use by others. You are the owner – end of story. The value of incontestable status cannot be understated because it supercharges your ability to enforce your rights.
In our experience, there is little to gain by waiting.
For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).