The first rule of business? Protect your investment.
Your trademarks–your business name, logo, and slogans– are some of your most valuable business investments. And you can only protect your trademarks through Federal trademark registration.
Your trademarks are, in essence, your business brand.
They let your customers and clients and your prospective customers and clients know that your goods or services are yours and not those of one of your competitors.
And because your brand has great value to your business, so do your trademarks, whether they are slogans, logos, business names, or some other words or designs that differentiate your business from other competitive businesses.
That is why it is crucial that every business take steps to protect its valuable brand. And that means protecting its trademarks through federal trademark registration.
And what if your business is a startup and just is now getting off the ground? Trademark registration is vital for you, too.
What would you do if you spent time and money branding your business (e.g., signage, business cards, website development, organizational documents, contracts, business listings, social media presence), only to find out that your just-created business that infringes on another company’s existing trademark?
What if you received a cease and desist letter, telling you to stop using your trademark within thirty days or risk a trademark infringement lawsuit?
New businesses, just like mature businesses, need to take trademark issues seriously and seek the protection of federal trademark registration.
KEY BENEFITS TO YOUR BUSINESS OF A FEDERAL TRADEMARK REGISTRATION:
FEDERAL TRADEMARK REGISTRATION PROVIDES PUBLIC NOTICE OF YOUR TRADEMARK TO THE WORLD, INCLUDING POTENTIAL COMPETITORS
A federally registered trademark is listed in the online database maintained by the U.S. Patent and Trademark Office (USPTO). This database, known as TESS (an acronym for the Trademark Electronic Search System), contains all registered and pending trademarks. It provides public notice to anyone searching for similar trademarks who will be able to see your trademark, the goods or services associated with your trademark, the date of your trademark application, and the date of your trademark registration. This public note of your trademark can act as a deterrent to others attempting to adopt a trademark that is confusingly similar to your trademark.
FEDERAL TRADEMARK REGISTRATION PROVIDES LEGAL PRESUMPTION OF OWNERSHIP AND VALIDITY OF YOUR TRADEMARK
A federally registered trademark provides the trademark registrant with a legal presumption that the registrant is the owner of the trademark. In effect, this legal presumption of ownership eliminates the need to prove ownership of the trademark in federal court in the event you sue for trademark infringement.
FEDERAL TRADEMARK REGISTRATION PROVIDES NATIONAL TRADEMARK PROTECTION
A federally registered trademark provides superior trademark protection to a state trademark registration or a common law trademark with neither a federal trademark registration or a state trademark registration. Someone who relies solely on common law trademark rights arising from mere use of a trademark without registration will only have limited geographic trademark rights with no ability to expand the business outside its existing market area if there is a business with a federal trademark registration. Similarly, someone who relies solely on a state trademark registration will be limited to trademark protection within its state of registration, which is a major problem for any business that has any type of footprint outside its state (think online marketing and sales through the business website) or wishes to expand outside its state as the business grows. In addition, without a federal trademark registration, a business has no presumption of ownership and validity of the trademark and cannot sue in federal court for trademark infringement.
FEDERAL TRADEMARK REGISTRATION ALLOWS YOU TO USE THE ® SYMBOL
Only a federally registered trademark can use the highly prized ® symbol. This symbol is a demonstration to the world, including any potential bad actor or prospective infringer that you mean business and that you have significant and federally protectable rights in your trademark.
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Ready to get started protecting your trademarks?
Your first step is to schedule your free, no-obligation trademark strategy call. This call is a low-key, friendly introduction to DPS Legal Counsel’s trademark registration services. You’ll speak personally to me, Dan Smith of DPS Legal Counsel. I will be glad to explain the trademark registration process to you, discuss your individual situation and your proposed trademark filing, and provide you will an all-inclusive, flat-fee quote for my services based on your particular project.
Here’s what your trademark strategy call will include:
- A discussion of your proposed trademark and its relative strength.
- A discussion of whether there is a direct conflict with your proposed trademark and an existing registered on pending trademark on USPTO’s TESS database.
- A customized registration strategy for your proposed trademark based upon (1) whether your proposed trademark includes words, a logo, or a combination of the two; (2) the goods or services you wish to identify with your proposed trademark; and (3) whether your proposed trademark is already in use or you have an intent to use it in the future.
- A discussion of the trademark registration process.
- An opportunity for you to ask questions and get answers about the trademark registration process.
- A flat-fee quote for your trademark registration services.
If, after your trademark strategy call, you’d like to move forward with trademark registration, I will be ready to get started working with you to help you protect your brand and your business.