The trademarking process is very complicated and it’s best to know what the United States Patent and Trademark Office needs when you apply so you can avoid any hurdles or rejections in the future.
While creating a business name that’s unique can be an exciting part of starting a business, it means nothing building on it if it’s unprotected. The only way to safeguard the ownership of a brand is through a registered trademark.
A trademark has a lot of benefits, one of them being a legal right to exclusively use your brand under the class of products and services you registered it under. It informs everyone that they can’t piggyback on the brand you chose because you are its sole owner, and if they continue to do so, you have the right to sue them for damages.
In this article, you will get some insights that will help you further understand how to trademark a name which will be helpful if you are doing this for the first time.
When you start selling your goods or services to the market, you automatically have what is called a “common law ownership” which exists without you having to register it formally with the government. While this is something you can use in business, it only gives you limited protection.
How limited is common law ownership? Well, the first one would be that your name is only protected in the geographic area where you’re using it. So if you using your name in your state, someone else can use thecsame name elsewhere, and they can get away with it.
Meanwhile, when you register your trademark with the United States Patent and Trademark Office (USPTO), your name is granted federal protection, which means that you don’t have to worry about people using your brand in a nother state.
A perfect example would be a trademark infringement lawsuit. In the eyes of the law, common law ownership won’t protect you as good as a registered trademark. It’s easier to file for cases like these as a registration serves as evidence. With common law ownerships are extremely hard to prove in court. To get enhanced protection, register your trademark as soon as possible.
If you will apply for a trademark registration with the USPTO, you must have the following:
Now that you know what you need to trademark a name, don’t wait and get your registration done as soon as possible. This protection will not only help you grow your brand but also help you build a brand that is worth more than when you started it.
