There are several advantages to trademarking your company’s name, as well as significant things to consider.
Continue reading to discover more about trademarks and how to register a trademark in three simple steps.
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What exactly is a trademark?
A trademark is a term, logo, phrase, symbol, or design that is used to identify and differentiate one product from all others. A service mark is a term, logo, phrase, symbol, or design that is used to brand and differentiate one service from all others. However, the word trademark is often used to apply to both. Their objective is to safeguard consumers from misunderstanding.
Is it necessary for me to register my business name as a trademark?
Trademarks lapse once they are used commercially, therefore you do not need to register a trademark to own one. However, registering a trademark makes enforcement simpler while also providing broader protection.
Product Name Trademarking vs. Business Name Trademarking
If your company offers things, you should consider trademarking both your company name and your products. By trademarking your company name, you are branding the face of your firm. If your items have a distinctive name, you may choose to trademark them if the names fulfil trademark eligibility conditions. If your product name merely defines the product, it is doubtful that it will be eligible for a trademark. Cars are one example of a product term that develops into its own brand and may merit a trademark. Mercedes-Benz® is a corporation name, and its goods are automobiles with various names and models for each sub-brand. So, although your company name and product names may be similar, they are not have to be.
Product trademark applications, like business name trademark applications, require you to identify the classes your organisation covers – but with greater clarity. You must be as specific as possible about how you want to utilise the product trademark to identify your items.
What Is the Importance of Your Company’s Name?
Your company’s name is critical to its success. It’s how people will recognise you, it’s part of your branding, and it’s how others will perceive your company and link your products or services with it. Your company’s name has the ability to make or ruin it.
The Advantages of Registering Your Company’s Name as a Trademark
Registering your company name as a trademark provides numerous important advantages. It specifically assists you with:
Avoiding Customer Confusion: The primary goal of trademarks is to avoid consumer confusion. Your company name, as well as how you display it with your logo, brand colours, slogans, or tagline, may help you stand out from the crowd.
Define Your Brand: As previously said, your company’s name becomes an important aspect of its identity. It describes your brand, including what people think and feel when they hear the name of your company. A company name that leads to excellent branding aids in the creation of loyal customers as well as new prospects for expansion. It not only informs clients what to anticipate from you, but it also helps you stand out from the competition.
Avoiding or bringing Legal Action: Registering your company name as a trademark helps you to prohibit others in your field from using the same or a similar business name. When you register your company name for trademark, you are putting others on notice, which helps you prevent legal action. However, if someone infringes on your trademark, you may file any trademark-related legal action in federal court.
Protect your sales by registering your company name as a trademark. This prevents customer misunderstanding. Customers may believe they are purchasing from you rather than your rivals if another firm uses the same or a similar name to yours and provides a comparable product.
Increase National Recognition: A trademark gives national protection as well as national recognition. When you register your company name, you alert people to your current brand.
Secure Investment: If you are looking for further funding for your business, a trademark might convince investors to consider your firm by proving ownership. Before investing in your firm, certain investors may demand you to secure a trademark.
3 Fundamental Steps for Registering a Trademark
While applying for a trademark is quite simple, you should still contact an attorney. An attorney may assist you in doing a more comprehensive search for the same or similar names, completing the sometimes complex and difficult paperwork, and remaining on top of your application.
A trademark application consists of three fundamental steps:
Conducting a Trademark Database Search
Submitting Your Application
Maintaining Your Application
Look through the Trademark Database.
You must first check the United States Patent and Trademark Office (USPTO) database for all registered trademarks before filing to register your company name as a trademark. Furthermore, you should go outside that database to confirm that no other organisation is using your business name with an unregistered trademark. You may undertake a secondary search for all registered company names by utilising an internet search engine, investigating domain databases such as GoDaddy or Name.com, and verifying with your local government and state databases. An attorney can assist you in conducting a comprehensive search outside of the USPTO’s database.
Make a Trademark Application
You must next prepare and submit your application after doing research to guarantee that no other company is presently using your selected business name. You may desire to contact an attorney to verify that your application is error-free and that you fulfil all filing deadlines and other critical dates.
Maintain Control of Your Application
Following the submission of your trademark application, you must promptly react to any USPTO comments. Corrections to your application, extra documents, or responses to additional questions may be requested by an examiner. Following the filing of your application, third parties have 30 days to oppose your claim if they feel it will infringe on their existing property and create confusion. If a party files an opposition to your application, you must address and resolve the problem before the USPTO’s Trademark Trial and Appeal Board.
It is not necessary to register your company name as a trademark in order to enjoy trademark rights. A registered trademark, on the other hand, may give additional protection for your brand while also assisting you in building your brand and driving company success.