Are you a business owner who is looking to protect your brand? If so, you should know about trademarks. A trademark is a word, phrase, symbol, or design that is used to identify the source of a product or service. When you register your trademark with the United States Patent and Trademark Office (USPTO), you are granted exclusive rights to use it in connection with your products or services. Before you register your trademark, make sure to keep reading. This blog post will share some important facts about trademarks that every business owner should know.
Forming a Business Won’t Make Your Brand Registered for Trademark Protection
The moment you form a business, it does not mean that your brand is registered for trademark protection. You will need to register it with the USPTO to gain exclusive rights over it. The process can be lengthy but worth it in the end. Legally speaking, you can’t prevent others from using your unregistered trademark. However, if you have a registered trademark, you can sue them for infringement.
Doing Trademark Research Is a Must Before Naming Your Business
Many business owners make a mistake not doing trademark research before naming their business. This can be a costly mistake because you may find out later on that your business name is already taken by another company. To avoid this, thoroughly search the USPTO’s database before finalizing your business name. Simple words or phrases are usually not protected by trademarks. That’s why it’s essential to come up with something unique and original.
The Trademark Class Matters
There are 45 different trademark classes that you can choose from. The class you select will determine the products or services your trademark covers. To register your trademark, you must specify the class or classes it belongs to. The most common classes are 1 (for goods), 9 (for computer software), and 25 (for clothing). If you’re unsure which class your trademark belongs to, you can consult with a trademark attorney.
Maintaining and Enforcing Your Trademarks Is Your Responsibility
You may have often seen businesses with “TM” or “R” symbols next to their logos. These are called trademark symbols, indicating that the trademark is registered with the USPTO. Using these symbols is not required, but it’s an excellent way to let others know your trademark is protected. If you do decide to use them, make sure to use them correctly. For instance, the “TM” symbol can be used for unregistered trademarks. In contrast, the “R” symbol should only be used for registered trademarks.
It’s also important to know that registering your trademark is not a one-time thing; that is why you need a business lawyer to help you. You will need to renew it every 10 years to keep it active. Additionally, you need to enforce your trademark if you see anyone using it without your permission. If you don’t, you risk losing your trademark rights. So that’s it. These are just some things every business owner should know about trademarks. By understanding how trademarks work, you can better protect your brand and avoid any legal issues down the road.