Introduction
If you’re thinking about starting a business, it might be thrilling to explore your new logo and how to adorn your storefront. But, with all of the effort that goes into starting a firm, from hiring employees to purchasing merchandise, what do you do if someone else in the same industry decides to use the same name as you? When it comes to protecting your company name, trademarking it is your best bet. Fortunately, small firms may petition for a trademark on their own. It might take up to nine months after US trademark filing for it to be registered, so getting started early can provide you piece of mind once your firm is up and running.
Starting The Business
If you’re thinking about starting a business, it might be thrilling to explore your new logo and how to adorn your storefront. But, with all of the effort that goes into starting a firm, from hiring employees to purchasing merchandise, what do you do if someone else in the same industry decides to use the same name as you?
Unlike trademarking logos or establishing mascots, trademarking your company’s name is not necessary by law. However, doing so grants you exclusive rights to that specific name in the business, which may be useful if many companies have similar names. Some companies prefer not to register their trademarks because they want all customers seeking for them to be able to find them under one banner (for example: “The Best Bakery”).
When it comes to protecting your company name, trademarking it is your best bet. Small firms, fortunately, may file for a trademark on their own. It might take up to nine months after registering for a trademark for it to be registered, so getting started early can provide you piece of mind once your firm is up and running.
Trademark Application
If you want to know how far along your trademark application is in the process and whether there are any complications, you’ll need to check in with the United States Patent and Trademark Office (USPTO) on a regular basis. You can also file an Intent-to-Use application if you’ve already begun using the name on products or services but haven’t yet filed for a trademark; this informs the USPTO that someone else isn’t already holding onto another company’s identical or very similar mark and allows them time to review all of their applications before deciding which one gets approved first. If your application is approved by the USPTO, you will be issued a certificate of registration. This implies that no one else may use your name in connection with their business unless you give them permission.
If you intend to use your business name for legal purposes, such as filing for a trademark or licence, you need register it. This is possible through the United States Patent and Trademark Office (USPTO). The advantage of registering your trademark is that they will look out for people who are infringing on it. However, if you do not intend to use your company name in these sorts of papers or marketing materials, there is no necessity to register it.
Without registering a trademark, you may face problems if other firms in comparable sectors start using the same or similar names as yours. Using frequent terms in your name, such as “best” or “new,” makes it more difficult to copyright since others may want to use them as well.
USA Trademark Registration
While your business name may be protected by a number of state and federal laws, it is a frequent fallacy that incorporating or forming an LLC for your firm immediately trademarks your business name in the United States and abroad. This, unfortunately, is not the case!
To register a trademark for the name of your firm with the USPTO, you must submit an application together with proof of usage (e.g., invoices) within six months after incorporation or formation of an LLC. If you wait more than six months after formation to file a trademark application and receive clearance from the USPTO, anybody who has previously registered their own trademark on similar products/services can dispute yours on the basis of prior use.
So you’ve chosen to establish your own company. You’ve thought of an idea, assembled your resources, and are ready to start. But have you considered preserving your brand? If not, you should register your company name as soon as possible. Here are four of the reasons why.
If you’re establishing a new business, you probably have a lot of things to think about. You must choose the appropriate area and set up all of your equipment. And if you want to offer an item or service, you’ll want to make sure that no one else has already registered that term (which is why it’s vital to conduct some research on which words are already trademarked). If none of those suggestions appeal to you, we offer another: trademarking your brand name.
Expensive Trademark
This may appear to be a strange proposal because trademarks are typically designated for giant corporations with great quantities of money at their disposal—however, even small firms should consider trademarking their brand names because doing so can help them attract more investors in the future. Here are four explanations for this:
Don’t put off protecting your brand. Registering a trademark may be quick, simple, and inexpensive!
Don’t put off protecting your brand. Registering a trademark may be quick, simple, and inexpensive!
The longer you wait to register your trademark, the more probable it will be registered first by someone else. If you wish to use an unregistered mark but someone else has previously registered the same or similar mark in Canada, they have the authority to stop you.
For a flat charge of $275 per application, you can file for up to three trademarks. This is a good approach to save money on costs if you are filing for many trademarks (such as a logo and slogan).
Conclusion
Finally, trademarking your company name is an important step in identifying yourself in the market. If you are thinking about starting a new business, it is critical to safeguard your brand from unlawful usage. Filling out a US trademark application with the United States Patent and Trademark Office allows you to file a trademark on your own (USPTO).
