The goal of any small business is to get recognition, build trust, and become a leader in its respective industry. Trademarking your business name is a way to make this happen. It’s a simple, yet effective way to protect your intellectual property and carve out a unique angle in the market. If you’re wanting to protect your business’s name, logo, and slogan, a trademark is the answer.
This article will guide you through the process of trademarking your business name, so you’ll understand what’s needed to get the ball rolling. We’ll cover common questions, such as what is a trademark? What’s the process for trademarking? How long does it take? How much does it cost? What if someone else has done it before?
What is a Trademark?
A trademark is a way to protect your company’s name, logo, slogan, and other unique identifiers. It’s a way to differentiate your business from other similar ones and to reinforce your brand identity. It’s a symbol of your identity that can be used to stop others from improperly using it.
Additionally, a trademark helps to protect you from any copyright or trademark infringement. It allows you to legally pursue anyone who tries to use your name or logo without your permission. Furthermore, it gives you leverage over a competitor if they use similar branding in an attempt to confuse the public or pass themselves off as the same business as you.
The Process for Trademarking
The process of registering a trademark is quite detailed and usually takes around 8-10 months. It consists of four steps:
- Identifying Your Mark
The first step is to identify what exactly you want to trademark. Do you want to register a name, logo, slogan, or combination thereof?
- Research
Next, you’ll need to research and make sure that your proposed trademark isn’t being used by someone else. This can be done through a Google search, USPTO search, or other trademark search engines.
- Fill Out an Application
Once you’ve identified your mark and done your research, the next step is to fill out an application with the United States Patent and Trademark Office (USPTO). This is a detailed form and there may be discrepancies in the application that could hold up the process, so pay close attention when filing.
- Monitor Your Mark
Once you’ve gone through the registration and everything is in place, your mark will be published in the Official Gazette and you’ll be able to monitor it for any third-party use. It’s important to periodically search for any potential infringing activity and take steps to protect your trademark if any are found.
How Much Does it Cost?
The cost of a trademark application varies depending on several factors, such as the complexity of the mark and the scope of protection being sought. For example, registering a single business name under the United States Patent and Trademark Office can cost between $275 – $325.
However, if more than one class of goods and services are to be trademarked, the cost may increase significantly. Additionally, you may also want to consider the cost of a trademark attorney, who can help you craft your application and can offer more insight into the legal aspects of protecting and enforcing it.
What if Someone Else Has Done it Before?
If you’re looking to trademark your business name and there’s a similar one already registered, it may still be possible to acquire your own.
This is known as a “concurrent use” trademark application. In this situation, you’ll need permission from both the current trademark holder, as well as the USPTO. Concurrent use applications are allowed if you’re able to prove that the two trademarks can exist peacefully, without any harm to their distinctive identities or any likelihood of confusion for consumers.
Trademarking your business name can be a great way to protect your intellectual property and your brand identity. It establishes your business as a leader in the market, while reassuring potential customers that they’re dealing with a reputable and trustworthy company.
The process of getting a trademark isn’t overly complicated, but it’s important to take the necessary steps and do your research first. Researching your proposed trademark and making sure it hasn’t already been taken is critical, as is filing the right forms with the USPTO and monitoring your mark for any third-party use. The cost is also something to be aware of, as is any concurrent use issues you may encounter.
If done right, trademarking your business name can be a great way to protect your intellectual property and boost your small business.
