6 Benefits of Registering Your Trademark

What you need to know (in a nutshell)

A trademark or service mark is any word, name, symbol, device or combination of these used to identify the goods/services provided by one seller from those of another and allows customers to know where the good/service comes from or an expectation of quality. A trade name is merely the company label used to distinguish it, but it doesn’t grant legal defence or excess rights for its usage, it’s just a title registered with individual states. A trademark is designed to set a product or brand apart from others by protecting words and images. In contrast, patents prevent the copying of certain products.

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What is a trademark sign?

The US Patent and Trademark Office explains that a trademark or service mark is, “any word, name, symbol, device or combination of these used to identify the goods/services provided by one seller from those of another.” It also allows customers to know where the good/service comes from.

Businesses need to have a distinctive, memorable trademark (e.g., name or logo) so customers can differentiate them from their rivals.

Do a trademark and trade name mean the same thing?

A “trade name” is merely the company label used to distinguish it. It does not grant legal defence or excess rights for its usage; rather, it’s just a title registered with individual states. As such, one state may allow this trade name while another could deny registration of that same one. To understand further, look into filing a DBA document (Doing Business As).

Difference between a trademark and a patent

A patent, stated by the USPTO website as a “property right” granted to an inventor for restricting others from using it in the US or importing it there; is given in exchange for revealing its details when approved.

To obtain a US patent, an inventor must apply to the Patent and Trademark Office within one year of when it was first on sale or in use. After that point maintenance fees need to be paid at intervals of 3 1/2 years, 7 1/2 years and 11 1/2 years after being issued the patent.

A trademark is designed to set a product or brand apart from others. Whereas patents prevent the copying of certain products, trademarks protect words and images associated with them exclusively.

Federal trademark registration

Registering your company’s logo, trademark and/or business name is important when beginning a business. Here are 6 advantages of doing so:

1. The advantages of registering a trademark include having stronger legal protection if someone copies or infringes upon it. Evidence to support this is much more convincing when the trademark has been registered beforehand. Registering a trademark gives the business owner more security, including an assumption of ownership and lessening their legal burden.

2. A trademark registration protects you from similar trademarks owned by others. If your trademark unintentionally infringes upon another’s, legal action could be brought against you requiring fees and punishment as well as fines or the profits gained with your unregistered name/mark. If you infringe upon a registered trademark, the trademark owner can seek compensation from you. Moreover, if re-branding is necessary due to confusion or legal pressure, money will be spent on new logos and marketing materials; customers may also abandon your product/identity in this process.

3. By registering the trademark, other companies cannot use it and your company has exclusive rights to operate under that name.

4. With a trademark, you are allowed to take legal action against someone who uses it unlawfully. You can also record your registered trademark with U.S Customs and Border Protection to stop counterfeit items from being imported into the country.

5. For a federally registered trademark, you may add the symbol “(r)” to your trademark as an indicator of prestige for your business.

6. Companies can leverage their federal registration for foreign trademark filing if they wish to expand into other nations.

When should I secure my trademark or company name?

To avoid costly changes to company names in the future, it is best for business owners to begin exploring trademark options as soon and possible. There are 6 reasons this should be done before even forming a corporation.

How do I get a trademark?

The US Patent and Trademark Office website (uspto.gov) provides information about all registered trademarks in the United States. A search on this site can be done to ensure another trademark similar to yours is not already registered.