Image source: Pixabay.com






Branding is key to your company's success. Customers recognize a great brand and it lets your partners know what to expect from your company. Just as branding is critical, protecting your brand is important.

A trademark is the only way to protect a brand. It safeguards the integrity of your business name, logo, and slogan. Without it, your competitors will use these to mimic your product or service which confuses your customers. This can lead to monetary losses and legal problems.

Trademarks are an asset that affects your business's growth. Before applying, you need to understand it well. Below are the 5 things to consider before filing your trademark.

1. Performing A Trademark Name Search Online is Important

Running a name search will save you trouble. You don't want to set up the business only to receive a letter from another business over trademark infringement grounds. Rebranding and legal battles can also be expensive.

Performing a trademark search lets you find out if your business is clear. The process is not as simple as it might seem. That's because you might not be clear even if a U.S. Patent and Trademark Office (USPTO) database search says so.

When there's a chance of confusion, your trademark registration won't pass. It means two products or services are sharing the same mark. So you may want to hire a lawyer or an expert who can do a deep search and increase your chances of approval.

2. A Registered Trademark Agent Makes The Process Easy

If you're not an expert, then chances are you'll make a mistake in the application which might make it rejected. Hiring a registered trademark agent is wise because they have the expertise you require. It also gives you time to focus on other essential matters in your business.

As you know, trademark law is quite complicated. Once you apply, USPTO may issue an office action response if there's an issue with your application. An office action requires a prompt and thorough response. A delay means your trademark application will be delayed.

An expert will help you to complete the application while following all the instructions properly. Additionally, some issues raised may demand complicated legal arguments. A wrong or unsatisfactory response may result in another office action with limitations on your response. That's why hiring a trademark lawyer is the best way to get the application done faster.

3. Future Expansions Impacts Your Trademark

Two businesses may find themselves sharing a trademark on similar goods or services in different geographical areas. The traders might be completely unaware of the existence of the other company before they want to expand. At this point, the company can be denied trading on the grounds of trademark infringement if the other trader acquired the trademark rights first.

And while all may be clear when performing a trademark name search in your planned area of activity, keep in mind future expansion. Otherwise, your business growth may be limited because of trademark issues. This happens when there's an established company using the trademark. Expanding into these areas may be risky and often leads to lawsuits.

Many people can be inclined to ignore unregistered marks. This can become a business issue as the marks are protected even if unregistered in certain countries. Even though the other trader might be several miles away, it would hinder the potential expansion.

Prevention is cheaper and better. A comprehensive search using a trademark agent is the best approach that will help navigate these challenges. Although it may be entirely inevitable, due to similar marks, this decreases the risk of legal fights with another company.

4. Your Trademark Class is Important

When filing an application, USPTO will ask you to include the class of products or services to which your trademark belongs. USPTO has about 45 classes that you can choose from. The class you choose is crucial because your trademark will only apply to that class. So if you make a mistake, it's not possible to fix it.

It can be difficult to choose the right class. You can be torn between choosing a service or goods class, or both. At this point, consulting a trademark lawyer is necessary if you don't know well how to choose a trademark class.

Also, business names are not equal. Some can be accepted faster than others. According to USPTO, names range from common (very weak) to fanciful (very strong). Strong names have higher chances of approval.

5. You Are Responsible for Enforcing Your Trademark

Image Source: Pixabay.com

Once you register your trademark, making sure no trader violates your mark is your duty. Although USPTO registers trademarks, it is not up to them to track and enforce them. Failure to enforce it harms your business. So, how do you enforce your trademark?
  • Here are 3 ways you can enforce your trademark:
  • Using ® -symbol. This indicates a registered trademark.
  • Using the TM symbol for pending trademarks.
  • Using companies with trademark monitoring services.
When you notice a company violating your trademark, be prompt to file complaints. Your lawyer will help you warn them that if they don't adhere to regulations.

Remember, be sure to file a routine maintenance document. The USPTO requires you to do so regularly. Failure to do this within the deadline will have the mark declared abandoned.

Conclusion

A trademark is a useful tool for protecting your brand. Do thorough research and choose a company name wisely to increase the chances of success when applying for a trademark and boost trademark protection.

Knowing these tips in advance will guide you and ensure its success on how to go about the entire process. As you have seen, the potential expansion of your company matters when registering for a trademark. Remember that and possibly avoid lawsuits when expanding to new areas.

When your trademark is registered, monitor the market constantly to ensure no one infringes it. Having a trademark lawyer around will be of great value to ensure successful trademark enforcement.