Building a strong brand is crucial for any business, but protecting that brand is equally important. One of the best ways to safeguard your brand identity is by registering a trademark. At Landry Legal, PLLC, we help businesses navigate the trademark process so that they can confidently protect their brand from competitors and copycats. This comprehensive guide will walk you through everything you need to know about trademarks and how to secure one for your business.
What Is a Trademark?
A trademark is a legally recognized symbol, word, phrase, logo, or design that identifies and distinguishes your products or services from those of others. When you trademark your brand, you’re ensuring that others cannot use your mark in a way that could confuse customers or harm your business. Common examples include brand names (e.g., Nike), logos (e.g., the swoosh symbol), and slogans (e.g., “Just Do It”).
Why Do You Need a Trademark?
Without trademark protection, your brand is vulnerable to being used by others without your permission. This can dilute your brand identity and cause confusion among customers. It can also lead to lost revenue, especially if someone else capitalizes on your hard-earned reputation.
A registered trademark gives you the legal right to take action against anyone who uses your mark without permission, whether that’s in your local area, across state lines, or even internationally.
Step 1: Choose a Strong Mark
Before you can register a trademark, you need to choose a mark that is strong, unique, and protectable. The strength of a trademark depends on its distinctiveness. Here are the different types of marks, listed from strongest to weakest:
- Fanciful or Arbitrary Marks: These are highly distinctive because they have no connection to the goods or services they represent (e.g., Apple for computers).
- Suggestive Marks: These marks suggest something about the goods or services without describing them directly (e.g., Netflix suggests movies but doesn’t directly describe a streaming service).
- Descriptive Marks: These marks describe a feature of the goods or services. They are only protectable if they have acquired a secondary meaning (e.g., American Airlines).
- Generic Marks: These are common terms that describe a product or service (e.g., “Bicycle” for bicycles). Generic marks cannot be trademarked.
Choosing a strong mark can increase your chances of securing trademark protection and help prevent legal challenges down the road.
Step 2: Conduct a Trademark Search
Once you’ve chosen a mark, it’s essential to conduct a thorough trademark search to ensure that your mark isn’t already being used by another business. The last thing you want is to invest time and money into branding, only to find out someone else owns the rights to your mark.
The U.S. Patent and Trademark Office (USPTO) provides an online database called the Trademark Electronic Search System (TESS), where you can check for existing marks. While this is a good starting point, we recommend hiring an attorney to perform a comprehensive search that includes federal, state, and common law trademarks.
Step 3: File Your Trademark Application
If your mark is unique and available, it’s time to file a trademark application with the USPTO. The application will require detailed information about your business, the mark you want to register, and the goods or services associated with the mark.
Filing fees vary depending on the type of application and the number of classes of goods or services you’re registering. You’ll also need to choose between two types of applications:
- Use-Based Application: This applies if you are already using your mark in commerce.
- Intent-to-Use Application: This applies if you haven’t started using the mark yet but plan to do so soon.
An experienced trademark attorney can help ensure your application is complete and accurate, reducing the risk of delays or denials.
Step 4: Monitor Your Application
After submitting your application, the USPTO will review it. If everything is in order, your application will be published for opposition in the Trademark Official Gazette. During this time, anyone who believes they would be harmed by the registration of your mark can file an opposition.
If no opposition is filed or any oppositions are resolved in your favor, your mark will be registered. The entire process can take anywhere from 6 months to over a year, depending on the complexity of the case.
Step 5: Maintain Your Trademark
Once you’ve successfully registered your trademark, your work isn’t over. You need to maintain your trademark by regularly filing maintenance documents with the USPTO. Failing to do so could result in the cancellation of your mark.
Additionally, you must actively monitor and enforce your trademark rights. This means keeping an eye out for potential infringers and taking legal action when necessary. An attorney can help you monitor your trademark and take steps to protect it if infringement occurs.
Conclusion
Trademarking your brand is one of the best ways to protect your business and ensure that no one else can profit from your reputation. While the process can be complex, securing trademark protection is a vital investment in your brand’s future.
At Landry Legal, PLLC, we guide businesses through every step of the trademark process, from choosing a strong mark to enforcing your rights against infringers. If you’re ready to protect your brand, contact us today for a consultation.
