How to register a trademark for Hospitality and Leisure Business
Introduction
If you are in the hospitality industry and have a unique name, logo and symbols that set your business apart from its competitors and help establish brand goodwill, then you should consider registering a trademark. A trademark is a type of intellectual property, which means it protects words, phrases, symbols or designs that distinguish goods or services offered by one company from those of others. It may be registered with the United States Patent and Trademark Office (USPTO) as an unincorporated association (and thus not subject to federal income tax), or as an incorporated association.
The first step in protecting your hospitality business and ensuring that you have exclusive rights to the name and brand is to register a trademark.
Registering a trademark for your hospitality business is one of the best ways to ensure that you are protected from infringement. If you’ve built up a brand, name or logo that is recognizable by consumers and has become associated with your business, then it’s important to make sure it stays yours alone. Registering a trademark gives you exclusive rights over the use of that mark when used in connection with goods or services in specific territories (e.g., local area). It also helps prevent others from using similar marks on similar products or services and allows you to sue them for damages if they do so anyway. If successful, this allows the courts to award triple damages plus attorneys’ fees—a pretty good incentive not just to register but also to protect your hard work.
A unique name, logo and symbols can set your business apart from its competitors and help establish brand goodwill.
A unique name, logo and symbols can set your business apart from its competitors and help establish brand goodwill. Branding is important to the success of any business, but it is especially so in the hospitality industry where competition is fierce and new hotels are consistently opening up. A well-established brand will allow you to stand out from the crowd, increase customer loyalty and make it easier for people to remember who you are – all things that will contribute positively towards boosting profits.
It’s no surprise then that many companies like Apple have spent years researching what makes a good corporate image before deciding on a logo design or colour scheme for their products or building signage around their premises. Some companies even hire full-time designers just for this purpose! When developing your own brand identity it’s important to consider everything from colours used through promotional materials such as flyers/posters etcetera; down through size type style etcetera; right down even onto logos (that may include text only) which might appear on stationery items like stationery cards
A trademark is a type of intellectual property.
A trademark is a type of intellectual property. Registering a trademark gives you the exclusive legal right to use the mark in connection with the goods or services listed in the registration. You can register a trademark for your business name, logo, slogan and other things that are unique to your business.
A registered trademark also prevents others from using an identical or similar mark for related goods or services.
A registered trademark also prevents others from using an identical or similar mark for related goods or services. For example, a company can trademark its name for use with its main product, such as “Apple” for computers. If another company wanted to sell computers under the name “Apple,” the owner of the original Apple computer would most likely have grounds to object because it would be confusing customers who might think they were buying Apple products when they weren’t.
Trademarks are generally easier to obtain if they’re used more often and in more places around the country (and the world).
In addition, registering a trademark may provide grounds to sue for damages during an infringement and may allow you to collect triple damages and attorney’s fees if successful.
If you are successful in your suit, you may be able to recover damages under Section 35 of the Lanham Act. These include:
- Court costs and attorney fees
- Damages equal to the profits made by the infringer (if this occurs within six months after registration) or up to $10,000 per violation (beyond six months).
- You can also recover damages for actual loss caused by an infringement plus profits made by the infringer from their use of your trademark if it is established that they deliberately intended to cause confusion between your goods or services and theirs. This can include recovery for any cost associated with advertising, marketing materials and promotional events that were necessary because of an infringement on your trademark.
Before filing for federal registration, you must clear your mark with the United States Patent and Trademark Office (USPTO).
Before filing for federal registration, you must clear your mark with the United States Patent and Trademark Office (USPTO). This is because you cannot register a mark that is confusingly similar to another mark already on file with the USPTO.
For example, if someone has previously filed an application for the word “Apple” as part of their company logo, it would be impossible to file for another company’s logo that also included the word “Apple.”
You can also find out whether any trademarks have been registered by searching in one of two ways:
- By conducting an online search at http://www2.uspto.gov/trademarks/; or
- Contacting your local trademark attorney who specializes in representing businesses seeking protection from infringing activities under state or federal law
Once you have cleared your mark, you should prepare and file an application with the USPTO.
Once you have cleared your mark, you should prepare and file an application with the USPTO. The USPTO has a trademark electronic application system (TESS) which allows users to file applications without paying any fees upfront. Before filing an application, however, you must create a user account and fill in the details of your business. Once created, you will be able to fill in all pertinent data required for submission including:
- a description of goods or services being applied for;
- a drawing of the mark;
- information about each class where the mark is registered; and
- additional information as needed by specific trademark classes (for example if applicable).
You can protect your brand by registering a trademark.
If you have a distinctive brand name and logo, then it’s important to protect your investment. Trademarking your hospitality and leisure business will give you the legal right to stop others from using that name or logo. It also provides grounds for bringing a lawsuit if someone else uses a similar name, slogan or graphic design in their marketing materials. If successful in court, you can be awarded triple damages plus attorneys’ fees—and have the right to use the registered trademark symbol (®) on all future marketing materials.
Conclusion
If you are looking to protect your brand, then it is important that you register a trademark. The process of registering a trademark can be tricky and confusing, but it is worth the time and effort. You should try to get started as soon as possible because once your mark is registered, it will be much harder for someone else to use your name or logo without permission from you.
