When building a business, owners will have to make thousands of decisions. From building websites and logos to product design, branding, and promotion strategies.
There is one important step entrepreneurs often overlook during the planning phase: Trademark protection. Once entrepreneurs finally launch their company, securing trademarks might not be at the forefront of their minds.
Business owners often believe they should wait until their business is profitable, well-known, or thriving before filing for trademark registration. The truth is, this could lead to higher costs and legal issues that are difficult to fix down the road.
After all, your business name and logo help identify who you are. They tell customers who your business belongs to. Your trademarks set you apart from your competition and build trust with your customers over time. Trademarks help prevent others from using similar branding that could confuse customers and diminish your brand’s value.
Filing for trademark registration can help protect the investment you have worked so hard to build from day one. Registering trademarks before your business launches can actually save you time and money.
Did you know? Trademark searches are quick. You can have the results of your trademark search within 24-48 hours.
What Is Trademarked?
Your business name, logo, slogan, and sometimes products/services can be trademarked. Trademarks protect brand identifiers related to goods or services. Trademark law was created to prevent consumers from being confused about who provides those goods or services.
Trademarks prevent others in your industry (or similar industries) from using branding that is too similar to yours.
Think about seeing two similar company names or logos. There is always a chance your customer will mistake the provider of those goods or services.
Trademark registration helps prevent that from happening.
Can You Trademark Before You Launch?
While it may not seem important at the time, filing for trademarks before you launch your business can help you save time and money in the long run. Conducting trademark searches before you launch can help you identify potential issues before you invest in marketing, packaging, signage, website development, and more.
Some of the biggest mistakes we see startups make are investing in branding, creating dozens of products, and printing thousands of dollars in marketing materials only to find out someone else owns the legal rights to a similar name.
At that point, it may be too late, and your startup will be forced to rebrand.
Rebranding is not only costly but hurts your company’s recognition and can set you back weeks or months.
By conducting trademark searches before launching, you can help prevent these costly mistakes.
Do You Need a Registered Trademark?
Technically, a business can create trademark rights by simply using the name. However, those “common law” trademark rights are limited and difficult to enforce.
Registering your trademark gives your business federal rights and protections. This means if someone else tries to register a trademark that is too similar to yours, your registration should appear during their trademark search, preventing them from moving forward.
If you allow your startup to grow without federally registering your trademarks, you only have rights to the geographic area your business operates in. Once you want to expand online or into other locations, you could potentially be liable for trademark infringement.
While your business grows, you want trademark protection to grow with you.
Should I Trademark My Business Name or Logo?
Both. Think about your logo and business name as two different entities. Your business name should be protected by trademark law regardless of the font or how the name looks. Your logo is a distinct image that represents your company.
Some businesses may only choose to trademark their business name because it typically does not change over time. Others may decide to file for both their name and logo.
Remember, trademark searches can be done for both your business name and logo. It’s always a good idea to know what’s available before you launch.
What If Someone Already Has My Trademark?
Ideally, when you search and register your trademarks, no one will have the same or similar trademarks as you. But this is not always the case.
Someone could own trademarks that are too similar to your brand. If you decide to launch using that branding, you could be at risk for trademark infringement.
While building your brand, you could be stopped by cease-and-desist letters or legal action from the real trademark owner. These types of costs are unnecessary and can be very expensive.
Another reason why trademark searches are important before your business launches. Just because a website or social media username is available does not mean the trademark is available.
Trademark law is complicated and focuses on consumer confusion. Two businesses may operate in similar industries but offer different products. This can sometimes cause confusion when searching and registering trademarks.
An experienced trademark attorney can help you navigate through these searches and help identify any conflicts before you launch.
Should Small Businesses Trademark?
Small businesses have brands that should be protected as well. Many small business owners do not trademark their business because they are focused on keeping costs low.
Trademark registration does have costs, but can be worth it to avoid the cost of rebranding down the road.
If you are forced to rebrand your business, think about how much time and money you would have to spend changing your website, signage, packaging, advertisements, product labels, social media, and more.
Some small businesses will stay small. However, many small businesses start locally, then build an online presence to reach more customers. Trademarks are great assets for businesses that want longevity and growth.
Can You File a Trademark Application Before Launching?
Yes, businesses can file trademark applications before they launch their products or services. Intent-to-use applications are allowed by the USPTO as long as the business can prove it intends to use the trademark in the near future.
Trying to file a trademark application too early can create setbacks for your business. If you file a trademark application without the intention to use it immediately, you only have six months to prove you are intending to use your trademark. If you do not respond or fail to provide the USPTO with what they need, your application will be refused.
Intent-to-use applications can be helpful for businesses about to launch. Once you know your startup will be launching in the near future, it gives you more time to file your application.
Make Sure You Have Intent-To-Use
The name and logo you choose for your business are important. Customers will recognize your business by these factors and associate it with the provider of those goods/services.
Think about taking the time to find the perfect name and logo for your business only to find out you can’t use it because someone already has rights to that trademark. Not only could you upset a trademark owner, but you will now have to start over with finding a new name and logo.
Having your trademarks registered will prevent others from registering similar trademarks that can confuse your customers.
If you have any questions about trademark searches or if you are ready to start filing applications, contact Patton Law Group to schedule a free consultation.
