If you’re in the process of starting a new business, you may be worried about how you can legally trademark your business name and logo. Trademarking is a way to protect them from being taken over or used by another company who wants to use your name without permission.
If you want to trademark your business name and logo a good place to start is trademark registration guide for entrepreneurs might come in handy:
Create A Unique Logo
Your logo is a way of marking your company in a more visual-focused way rather than just using your company name alone. You want your trademarked logo to stand out in a positive way as it’s the first thing people see when they first encounter your new business. Your logo needs to be a reflection of you and the company, and not just something that you found online or at your local business centers.
When creating a logo for your own business, keep in mind that you shouldn’t make it so similar to another person’s or business’s logo as this might confuse your customers. Sure, taking inspirations from other logos might help, but using someone else’s idea as yours will not help your business stand out from the competition. The worst cases, copying other logos can become the reason why your business will face litigation.
Instead, create a logo that’s unique and different from all the other logos on the market. Never use the same fonts and colors as the other logos, especially those that are used by your direct competitors. Carefully think about the different design elements that represent your business and incorporate these to your logo.
Preparation Is Key
Before you move ahead and apply for a trademark, make sure that your company has a business license. If your company doesn’t have this, you need to request it as soon as possible.
Once you have all the needed paperwork, you can begin the application process. The last thing you want is to have to deal with a legal issue down the road, so make sure that everything is ready to go.
File The Necessary Paperwork
For you to trademark your name and business logo, you need to file an application for a trademark with the US Patent and Trademark Office (USPTO).
To register a trademark, all you have to do is file the paperwork with the US Patent and Trademark Office. As an applicant, you must provide evidence of your unique ability to market a product, the likelihood that you’ll succeed in marketing the product, and the possible value of the product or its components in the marketplace. The USPTO will, then, evaluate the merits of an application and determine if it’s eligible for registration. By doing this, you gain exclusive rights to your brand name so that no one else will be able to legally use it in any manner.
A federal trademark gives nationwide protection to your logo. You can obtain nationwide protection of your logo once it becomes a registered trademark in another state or country. This means that no other individuals or businesses can use your logo; if they insist on doing otherwise, their actions can result in legal repercussions.
Aside from the USPTO, there are other ways to protect your business’s name and logo besides filing federal paperwork, such as registering with the International Trademark Association (ITA).
Enforce Your Rights
Trademarks are the property of the owner; thus, if someone infringes on your rights, they can be held liable for the infringement. Trademarks protect your company’s rights to your name and its associated products and services so that others won’t be able to use them as a way to market their own products or to gain access to your market. A New York trademark attorney also reiterates that a trademark is essential to help keep your business on top of the competition. It also protects your brand from individuals and other businesses who are looking to use your name and logo to market their products and to serve their own benefit.
If you own your company’s logo, it means that you have exclusive rights to it. This means that if someone uses your trademarked name or parts of it to market their own products, then, they can be held responsible and you have a greater likelihood of winning the legal case.
Always pay attention to the competitive landscape and assess if other businesses are using your name or logo. If they do, reinforce your rights by filing the appropriate cases against them. All of your efforts to trademark your name and business logo will be useless if you allow other businesses to use it.