Trademarking your business name can be a valuable protection. It can help you attract new clients, secure better deals and deter competitors from using similar names. However, there are some factors to consider before trademarking your business name.
A trademark is a unique word, phrase, symbol, or design that identifies the source of a particular good or service. It can provide a measure of intellectual property protection for businesses that use it. Your commercial name is an important part of your identity. It can join represent who you are and what you do.
You can indeed apply for federal trademark protection at any time. Still, there is no assurance that your application will be accepted for registration, even if you have invested a lot of time and money in developing your brand. The best approach is to consider trademarks as soon as possible, ideally when selecting your company name and symbol and establishing your legal business structure.
Should business owner register their products before even their services are ready?
A company is granted common law rights as soon as a name is utilized in commerce in the United States. This implies that you can assert the ownership of a trademark through common law without formally registering it with the USPTO as soon as you begin selling a good or service.
These common law rights, however, are restricted to the specific geographic area in which the mark is used, and they won’t be much use in court if you want to oppose someone else’s use of the same or a similar name. To protect its trademark rights for its company name, it is normally ideal for a corporation to do so as soon as feasible.
You can have some trademark protection even if you don’t register your business name with the USPTO. Unregistered marks could be protected under common law in your immediate neighborhood, or you might be able to register them with your state to get state-wide protection. However, neither of these is close to as powerful as a federal trademark, recognized across the country and opening the door for global registrations. With a federally registered trademark, you can also launch a case for trademark infringement in federal court and sign up with US Customs and Border Protection to prevent importing items that violate your trademark.
Do we need to do an in-depth search for trademarks?
Usually, a thorough trademark and name search is submitted with your application for a trademark. To ensure that your suggested name isn’t currently being used by someone else in a related business or field, an initial search for the name will be made in the USPTO database and state databases.
The state will check to see if your name is accessible in that state when you file to be an LLC or corporation. You face the danger of unintentionally using someone else’s name if you don’t conduct a thorough trademark search.
Conclusion
Every business has to decide when to trademark its name. Trademarking your business name can be a good way to protect your intellectual property and make it easier for customers to find and buy products from your business. You can still conduct a trademark search and apply for the enhanced protections of federal trademark registration if you’re currently in commercial operation and considering trademarks for the first time. However, it is best to start planning to protect your trademarks as soon as possible. We trust that this article has shed some light on when to trademark your business. We, the Brealant, the law company with the quickest growth rate, are here to help and advise you while you seek your commercial rights. Visit our website for more details and talk to our specialists about any queries you have about intellectual property.
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