When is a Trademark Needed?

If you’re starting a business or already have one, you may be wondering if you need a trademark. Trademarks play a crucial role in protecting your business name or logo and establishing your brand identity. In this article, we’ll explore what a trademark is, why getting one is important, when you should consider getting a trademark, how to conduct a trademark search, and the process of registering a federal trademark. By the end, you’ll have a clearer understanding of trademarks and how they can benefit your business.

What is a trademark?

A trademark is a legal protection that distinguishes your business name, logo, or other branding elements from others. It helps prevent others from using similar marks that could cause confusion among customers. There are different types of trademarks, including:

• Federal Trademark: This type of trademark provides nationwide protection in the United States and is registered with the United States Patent and Trademark Office (USPTO).
• State Trademark: State trademarks offer protection within a specific state where the trademark is registered.
• Common Law Trademark: Common law trademarks are automatically established by using the mark in commerce, even without formal registration.
• International Trademark: For businesses operating internationally, an international trademark can provide protection in multiple countries.

Depending on your needs, one or more of these trademarks might be right for your business.

Why get a trademark?

Obtaining a trademark for your business name or logo offers several advantages. 

• Serving Notice to Others: A trademark serves as public notice that your business name or logo is protected, discouraging others from using similar marks.
• Legal Protection and Proof of Ownership: Trademarks provide legal rights and proof of ownership, making it easier to defend against infringement.
• Right to Sue: If someone infringes on your trademark, you have the right to sue and seek damages.
• Defining Your Brand: A trademark helps establish your brand identity, making your business stand out in the market.
• Ability to Use Trademark Symbol: With a federally registered trademark, you gain the right to use the ® symbol, indicating your mark is registered.
• Stopping Importation of Infringing Goods: A trademark allows you to prevent the importation of goods that bear infringing trademarks.
• Fighting Cyber Squatters: Trademarks protect your brand online by preventing others from registering domain names that infringe on your mark.

Note: some of these benefits don’t necessarily apply to common law trademarks, just the other ones.

When should you get a trademark?

It’s generally advisable to secure a trademark for your business name or logo as early as possible. By doing so, you establish legal protection and prevent others from challenging your right to the name or logo in the future. Delaying the trademark process can lead to potential rebranding efforts, which can be costly and confusing for your customers.

How to Conduct a Trademark Search

Even if you don’t plan on registering a trademark, conducting a trademark search is essential to avoid potential infringement issues. A federal trademark search can be performed through the USPTO’s online database, while state trademark searches vary by state; you’ll have to do an Internet search to see what agency in your state handles trademarks. Most states have a search engine for their state trademarks.
Conducting a thorough search ensures that your chosen mark is not already in use by someone else.

How to Register a Federal Trademark

Registering a federal trademark involves several steps, including filing an application with the USPTO and providing detailed information about your mark and its intended use. The process can be complex, lengthy, and expensive, so it’s highly recommended to consult with a trademark lawyer for personalized guidance.