How are Trademark Names useful for Business?
Introduction
If you’re starting a new business, one of the first things to do is work on creating a brand that will be recognized by consumers. Your brand name is one of the most important parts of your company’s identity, so it’s important that you properly protect it. One way to do this is by registering a trademark with the U.S. Patent and Trademark Office (USPTO). A trademark can give you legal protection over your business’ unique identity in order to prevent others from using your trademarked name or product name for their own benefit or profit.
A Trademark is the Best way to Protect the Name
A trademark is a word, symbol, phrase, design, or a combination of those, that identifies and distinguishes the source of the goods of one party from those of others. The purpose of a trademark is to prevent confusion as to the source of goods or services. For example: if John Doe owns an ice cream company and he uses “Doe’s Ice Cream” as his brand name for his business, then anyone who sees this in any kind of advertisement may buy his product thinking it was made by someone else. Therefore, John will need to file for a trademark so that no other person can use “Doe’s Ice Cream” in their advertisements without infringing upon his rights under intellectual property law.
A Trademark can help your Business Identify Itself
A brand name is a trademark, and vice versa. A brand name can be anything from the product or service you offer to your company’s slogan or mission statement. It could be an abbreviation of your company’s full name or even a play on words (like the word “bread” when used in association with “lunch”).
The key difference between a brand name and other types of trademarks is that federal law deems only certain words as being eligible for trademark protection—and they must be used in connection with commercial goods or services before they can be registered at all. A registered trademark works to protect against unauthorized use by others that may cause confusion among consumers about who owns the goods or services being offered under certain terms.
Trademark Infringement
The first thing to remember is that trademark infringement can be a costly and time-consuming process. The trademark owner will have to prove that the infringer was aware of their rights, but even if they’re successful, it may take months for them to recover damages from the other party.
Second, and more importantly, this kind of infringement can damage your brand name in ways that are hard to quantify. If someone else uses your trademark, people might think that you have some kind of relationship with them or support their work; this could lead consumers away from buying anything from you in the future.
Third, if someone else uses your trademark without permission and gets sued for it by the rightful owner (you), then courts will often order both parties into arbitration where they’ll try to come up with an agreement on who gets what out of this situation.
Exclusive Rights to use the Name for Selling Goods or Services
An important part of any business is choosing a name for your company or product. A great brand name can make it easier for people to remember you and the services you provide, but it’s also important that the name isn’t already being used by another company. If your chosen name is taken by another company or trademarked by someone else with similar interests in mind, then there could be confusion among customers about which product they’re actually buying from you—or if they even know who’s selling them the product at all.
There are several ways of avoiding this problem: one way is simply to check if there are any existing trademarks on file before settling on any particular trademarked name (and yes, this applies even if the trademark wasn’t registered when it was first used). This can be done through online search tools. These are websites that allow users to search their database for free so long as they don’t plan on using those trademarks commercially themselves (more than just one use). It’s also possible—and often recommended—to hire an attorney who specializes in intellectual property law; attorneys will usually help advise clients when choosing whether or not registering their trademarks would benefit them most financially since doing so comes at a cost (typically $200-$300 per year per mark).
It Costs Less than Obtaining Rights on a State level
Trademark registration costs $275 for federal trademark registration and $100-$500 for state trademark registration. The cost of a federal trademark lasts 10 years, whereas the fee for a state trademark lasts 1 year.
However, even though it costs more to file a state application (which is also valid only within one state), we strongly recommend that you register your national trademarks first because they are more useful and powerful than their local equivalents.
Legal Protection to Stop Others from Using your Brand Name
Registering a trademark can give you legal protection to stop others from using your brand name (or product name) and protect your business’ unique identity. Registering a trademark is the best way to protect your business’ name, because it means no one else can legally use that name in connection with their own goods or services.
Takeaway
You can register a trademark at the state and federal level, but as of 2019, there is no national system for registering trademarks in the United States. Each state has its own system for registering trademarks. Some states have different fees than others, so it’s important to know where you live before choosing where to register your trademark(s). If you’re unsure about which jurisdiction(s) matter most for you or if there are any benefits of filing in particular jurisdictions that might apply here too.
The process of registering a Trademark begins with registration by submitting an application form containing:
- The name of the applicant’s mark.
- A description of the applicant’s mark.
Conclusion
In summary, trademarking a brand name is one way to ensure that your business doesn’t lose its identity and reputation in the marketplace. As you can see from these examples of famous trademarks, protecting your intellectual property as early as possible will help you grow into an even more successful company over time.
