Trademarking a construction company name is essential since the competition in the construction market is immense in the U.S. In this regard, four important steps must be followed down to the T to obtain fool-proof protection. As a construction business owner, you understand that building customer loyalty and cultivating strong relationships is key to a successful venture – and this is only possible if your brand understands the value of its intellectual property. The most important aspect of any intellectual property is safeguarding its reputation from malicious approaches. By opting for a trademark registration for your brand, you can secure your business’s credibility and protect your business from those who may attempt to profit from your hard-earned name.
There are four main steps to registering your trademark which are discussed in detail below.
4 Steps To Trademark The Name Of Your Construction Company
Step 1: Choose a Strong Mark
A trademark is the first point of contact for potential customers of any brand, whether it’s advertised on a billboard or it appears during an online search. It has the power to leave a long-lasting image on the potential customer. So, it’s essential to invest energy, time, and resources in designing a distinctive and strong trademark.
Keep in mind that not all trademarks carry the same level of protection, and certain types may even be rejected by the United States Patent and Trademark Office (USPTO) for a myriad of reasons.
The general rule of thumb is that trademarks should not be descriptive as it’s difficult to secure trademark protection in the Principal Register immediately. For instance, many construction businesses would have the name/surname of the owner alongside terms like ‘builders’ or ‘construction’, such as, ‘Sahil Builders’ or ‘Malhotra Construction’.
Such marks are using terms which describe the nature of their business and, hence, are at a higher chance of rejection by the USPTO. Although it’s not completely impossible to get such names registered in the Principal Register as the surname can be registered as a trademark if it’s used for 4 to 5 years, this is a huge timeframe to leave your mark unprotected.
Step 2: Conduct a Comprehensive Trademark Search
Before filing the trademark application, it is necessary to conduct a comprehensive search for your trademark. The purpose of this search is to identify whether your marks bear similarities with the already-existing trademarks. Although it feels discouraging to find out that your desired business name or mark is already in use by another business, it is far better to uncover this beforehand rather than after you’ve submitted your application and paid the associated fees.
If the searching exercise reveals any existing trademarks that could cause confusion, you will have the chance to modify your mark before moving forward with the application filing process.
Although many online platforms and legal websites provide trademark search services, it’s better to hire an experienced trademark attorney for this task. Known as organic or DIY searching in layman’s terms, the exercise often only identifies exact matches, which can be misleading and is not sufficient.
Trademark disputes frequently arise not from identical marks but from those that could cause confusion among consumers in the market. Trademark attorneys have access to advanced search tools that not only detect exact matches but also identify similar marks, hence providing comprehensive results for your application.
Step 3: Register your Business Name with the USPTO
The U.S. common law governing trademark registrations grants protection merely by virtue of using the mark, albeit in a limited scope. In other words, your mark will be protected by the common law only in the geographic region where your business is located. This might not be an issue for small businesses that only operate in the region where they are located, but it might be an issue for those who have nationwide operations.
A federally registered trademark offers advantages beyond those provided by the common law. The major benefit is that your mark acquires the presumption of nationwide protection. This allows your business to grow in new markets while simultaneously affording stronger legal protection in case of trademark disputes.
Moreover, owning a registered trademark makes you eligible to use the ® symbol. This symbol not only portrays your business as a valid venture but also enhances your construction company’s professional image, thus eventually building your customer base.
Step 4: Maintain, Monitor, and Enforce your Trademark
The USPTO handles trademark registration, but it does not enforce the exclusive rights of your trademark. To protect your trademark from illegal/unauthorized use, you must actively monitor it. Many trademark attorneys offer monitoring services where they notify you of any potential infringement as well as advice on the best steps to take.
Furthermore, you also have the responsibility to monitor your trademark. A trademark doesn’t expire as long as it’s actively used and is properly maintained. However, trademark owners have to renew their registration within specific deadlines. For new trademarks, the first renewal is required around five or six years after registration, and then again required between the ninth and tenth year. After this, you have to renew every ten years. It is crucial to keep track of these deadlines and begin the renewal process early, as the USPTO doesn’t allow for late renewals. Failing to do so could result in the cancellation of your trademark rights.
Seeking Professional Help to Trademark your Construction Business Name
A construction company is known in the market through its brand name and image, but mostly, its reputation is associated with that name. In order to protect the reputation of your company, acquiring trademark protection is the optimal solution.
To register a trademark, the best approach is to hire an experienced trademark attorney. A legal professional not only carries the registration process on your behalf but also protects and enforces your trademark rights against infringement.
If you are looking for a trademark attorney who is not only experienced but also reasonable for your budget, then you can contact us at Drishti Law. We would be happy to schedule a discovery call with you and provide you with legal advice suitable for protecting your construction company name.
Sahil Malhotra
Sahil Malhotra is an Intellectual Property Attorney, who founded Drishti (“vision”) law because of his vision in protecting dreams and ideas.
He provided individuals and small businesses with an opportunity to enhance their IP’s value by helping them register trademarks and successfully argue against office actions. In addition to his training and experience, he has been deeply involved in the multifaceted IP portfolio at UIC and continues to be associated with IP organizations and conferences.
To know more about Sahil Malhotra — Click Here
You may follow Sahil Malhotra on Facebook: Sahil Malhotra and on Instagram: @Sahil Malhotra