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Should You Trademark Your Brand? | Are Trademarks Necessary

by | Jan 8, 2023 | Trademark

When you’re focused on establishing your small business or creative career, it can be tempting to ask yourself, “Should I invest in a trademark?” It can often seem like just another layer of bureaucracy that takes time and money away from running the business. But trademarks are an invaluable asset for entrepreneurs who want to protect their brand identity online, and there are some compelling reasons. In this blog post, we’ll look at whether or not you should decide to register your trademark, talk about the importance of protecting intellectual property, avoiding future lawsuits, and build up trust with customers. So if you’re debating taking legal steps to secure your brand’s future success, keep reading.

 

What is a Trademark? 

A trademark is any word, symbol, or logo representing a brand and distinguishing its identity from other brands in the marketplace. In the U.S., a trademark is registered under the trademark law which grants the owner with exclusive intellectual property rights over that mark.

Do all Businesses need a Trademark?

Business owners often ask this question: is a trademark really needed for my brand? The short answer to this is no. Businesses are not mandated by law to register their brand name and/or logo. However, trademark registration is the only way to secure the legal rights over their mark.

The biggest benefit of acquiring trademark protection is restricting other businesses from using or registering a business name or logo similar to yours. Imitating or using a registered mark is considered as infringement and the trademark law allows the owner to initiate legal proceedings against a business or individual who is involved in infringement.

Therefore, if a brand name is not registered, then it runs the risk of being hijacked by another business and subsequently, not having any legal recourse to tackle the issue.

Why do you need to Trademark your Business Name?

In 2023, brand development should be at the heart of every significant foundational business decision. I will answer this question: Are Trademarks necessary? My firm’s name, Drishti Law, was picked for a reason. Drishti, in Sanskrit, means focused gaze or vision with purpose. That’s what most small business owners, creatives, and entrepreneurs have at the beginning: a vision with a purpose.

  • A registered trademark is an investment in protecting that vision.
    • Every great brand starts with a name or logo that initially seems unique. Still, an already registered trademark that is similar enough might lead to future litigation or rebranding costs.
  • A registered trademark ensures that when that vision takes off and becomes a commercial juggernaut, it deters competitors and copycats from creating a confusingly similar brand experience by taking advantage of your goodwill.
  • Finally, a registered trademark allows the original vision to expand and open doors to additional protectable products and services.

How to Trademark My Business Name and Logo?

The decision, although beneficial, is a daunting one nonetheless. Therefore, it should not be taken lightly, and legal advice must be sought before proceeding.

The application process to register a trademark might appear complex but it can be made easy if all the steps are followed and in the correct order. As a preamble, you should know that a federal trademark registration is acquired by filing a trademark application with the United States Patent and Trademark Office (USPTO) for the business’s product or service.

Steps to Register a Business Trademark

  1. Conducting a trademark search to see if your intended mark has not already been claimed by another business.
  2. Registering your business by filing a trademark application.
  3. Examining of the application by the examining attorney.
  4. Publication of the mark in the trademark journal.
  5. Opposition period.
  6. Registration of the trademark and awarding of the registration certificate.

The Takeaway is … 

Every brand deserves a unique, comprehensive IP portfolio, and it begins with consulting an Intellectual Property attorney to understand options specific to the brand’s vision. It usually starts with a trademark registration that at least includes a knockout search. To learn more about how we can help you realize your vision, click the booking link to schedule a discovery call today.

Don’t wait to take the plunge and make your vision a reality – book an appointment with Drishti Law today! Our team is here to help you turn aspirations into action by answering any questions and providing solutions. Schedule your discovery call now, so we can jumpstart the journey together. During this call, we can discuss your needs in more detail and develop a tailored plan.

DISCLAIMER:  The information in this blog is not intended nor implied to be a substitute for professional legal deliberation, deposition, or procedure. All content, including text, graphics, images, and information, contained in this video, is for general informational purposes only and does not replace a consultation with your own attorney.

DrishtiTalks is made available by the law firm Drishti Law, LLC, for educational/informational purposes. DrishtiTalks intends to provide a general understanding of the law rather than legal advice. Using this site, commenting on posts, or sending inquiries through the site or contact email, does not confirm an attorney-client relationship between you and the Blog, DrishtiTalks, or Website publisher, Drishti Law, LLC. The  Blog/Website should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.

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