5 Things You Need to Know About Trademarks for Business
The number of registered trademarks both in the United States and around the world is on the rise. To that end, a report released by the USPTO stated that from 2016 to 2017 trademarks registrations rose by an impressive 12%.
Trademarks provide individuals and businesses with necessary protections for their intellectual property. This protection prevents others from infringing on your ideas in such a way that it would warm your ability to profit off of innovations you pioneered.
While the protections trademarks offer those who file for them is comprehensive, and the process of getting one is relatively streamlined, there are some things you should know before getting your trademark registered.
Below, we have outlined 5 trademarks for business facts.
1. Forming a Business Does Not Give You Unilateral Trademark Protection
There is a common misconception within the trademarks for business community that registering your business with a state means that the registered business name and its associated brand elements are now trademarked.
That’s not true.
While your state won’t allow another business to register under your name, other organizations could still potentially use your name, logo, tagline, etc.
This is especially true when infringement takes place out of state.
2. Generic Names Will Be Hard to Trademark
If you want to trademark your business name, you’ll want to make sure what you’re trying to trademark is unique. An example of a unique business name is “Xerox”.
You can’t (or will at least have a lot of trouble) trademarking a name like, “Ultra-Clean Car Wash” for your car washing business.
3. Make Sure Your Name Is Not Already Trademarked
To avoid potentially costly lawsuits or troublesome re-brands, you’ll want to make sure your business name is not already trademarked prior to establishing yourself.
You can do this by utilizing the USPTO database.
4. You Need to Enforce Your Trademark
There is no legal body that enforces your registered trademark. That’s up to you.
Be sure to always use the trademark symbol with all of your branding elements. Furthermore, if you believe your trademark is being infringed on, quickly contact a lawyer to serve a “cease and desist” letter to the culprit.
Not enforcing your trademark could result in you losing it.
5. Understand Trademark Classes
One of the most important aspects of trademarks for business is “class”. A class is essentially what niche your business operates in. When you register for a trademark, you will need to select yours.
It’s important that you select the corrector class for your business because your trademark is only protected within your class.
Wrapping Up Things to Know About Trademarks for Business
Trademarks for business are an important tool businesses use to ensure they are legally protected from malicious competitors. Before registering your trademark, we recommend taking into consideration the tips listed above.
Our guidance will help make sure that your trademark holds weight in court and affords you the level of protection you are looking for.
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