How Trademarks Protect Your Business

Friday, December 13th

Frequently, when business owners start a business, they are not concerned with how to protect their business. Instead, they are concerned with how to grow their business so they can survive and profit. However, protecting one's business from the beginning can be an important factor in your success.

Registering your trademark is one way to protect your business. A trademark is crucial when you are in the process of building a brand for your product or service. It serves as legal protection to keep others from trying to infringe on your brand and your business. It is what you use to distinguish your product in the marketplace so that people who have used or heard of your product will end up buying your product instead of the competitor's product. It also illustrates to consumers that you own this product or service.

A registered trademark also provides you with several other protections. Trademarks are registered through the U.S. Patent and Trademark Office (USPTO). Since the trademark is registered through the federal government, you can enforce your rights regarding your trademarked product or service in federal courts. That means you can defend your rights anywhere in the U.S. no matter what size business you own or where you operate. While you may not think that's important when you're just starting out, it could become an issue soon.

Having a registered trademark also protects your product or business from the competition of foreign products. A registered trademark will allow you to file with the U.S. Customs Service and prevent importation of foreign goods which may infringe on your trademark. Furthermore, registering a trademark is a beginning step in establishing your international rights in case your business goes international. While you may not be thinking about expanding your business internationally, you should still take steps to protect your mark. Given the competitiveness of the global marketplace both of these should be reasons to obtain a registered trademark for your business.

You have some options when you decide to register your trademark. First, you can hire a legal firm which specializes in registering trademarks with the federal government. If you go this route, try to find a firm that has produced relizalbe results in the past. You should expect to pay from $500 to $1,000+. Alternativey, there are companies available online that can greatly assist you in establishing your trademark. The best ones have streamlined the trademark registration process and, with the aid of professional lawyers, have simplieifed the legal complexities. These services cost far less than traditional trademark registration legal fees.

A registered trademark offers many protections to your business. Obtaining one can help your business withstand unfair competition now and in the future.

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Trademark Registration Service FAQ

What is trademark registration?

Intellectual property can be protected in several ways, one of which is through trademark registration. Having a trademark helps ensure that your goods, services, brand or slogan can't be used by someone else.

Do I need a trademark, copyright, or patent?

Good question! A trademark is used to demonstrate ownership of a slogan, brand, symbol - one that you use to differentiate your goods and services from other sellers' and providers'. In contrast, patents are used to protect how an innovation works or looks, while copyrights protect creative works like music, movies, or even computer code.

What can be registered as a trademark?

Almost anything used to represent your brand can be protected through trademark registration. Whether you use a tagline to make your company memorable, have a logo emblazoned on your signage and business cards, or use a unique font that you want to keep as your own, it all qualifies as eligible to be registered as a trademark.

What will I need to do to register a trademark?

It can get complicated to accurately complete all of the paperwork required for trademark registration. Using a service that specializes in this process can save you some time and a considerable amount of worry. The best services walk you through each step, ensuring that your application is filled out properly before it is submitted to the US Patent and Trademark Office.

Is it expensive to register a trademark?

The US Patent and Trademark Office charges a base fee of $400 or $600, depending on whether you file electronically or on paper. That's in addition to any fees paid to a trademark registration service, which usually range from $99 to over $1900, depending on the level of service you select.

How long will it take to get my trademark registered?

Getting the initial paperwork completed may be done as quickly as one business day. From there, most services offering help with trademark registration will conduct a search to ensure that your trademark doesn't conflict with others that have been registered by other applicants. Once your trademark has been cleared, your application will be sent to the USPTO for registration. From there, it can take several months for your application to be reviewed and approved.

Are trademark registration services legitimate?

Absolutely. Many of these services have been available for decades. It's a wise choice to use a trademark registration service, to make it less likely that your application will be rejected - which would add even more time to an already-lengthy process. For extra reassurance that the provider you've selected is a reputable one, be sure to consider feedback from previous clients or look for a rating from the Better Business Bureau.

Can I get a refund if I'm not happy with the trademark registration service?

That depends on the service you select. Some offer an error-free guarantee, but only a few will give you a refund on the fees that you paid for their assistance. Also, if the service has already paid the required fees to the USPTO on your behalf, you won't get those funds back.