Figuring out when your business should apply for Federal trademarks doesn’t need to be hard to figure out. Most businesses 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.
The Federal trademarking 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.
There are many advantages to applying as soon as possible. Here are the top 5 reasons:
- You can identify potential roadblocks for your brand early.
- It will begin discouraging others from using even similar brands.
- It will start putting the Federal government to work for you.
- You’ll enjoy some instant credibility.
- You will start the clock towards the incontestability of your trademark.
1. You can 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, registration issues, or other problems that may require choosing a different trademark.
1000’s of trademark applications are filed every day. Don’t wait. Start yours today.
2. It will 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.
3. The U.S. Patent and Trademark Office will start rejecting applications for the same or similar marks. More importantly, from the very day your application is filed, the USPTO is required to reject later filed applications for trademarks that are the same or similar to yours. 24/7 protection is automatic.
4. You’ll 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.
5. You will start the clock towards the 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.
The Bottom Line
On an average day, about 1,000 new trademark applications are submitted to the USPTO. If another business files an application for a trademark that is similar to yours and they file before you, you’ll face an uphill battle to keep your mark. Don’t wait.
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).