When a business owner is thinking about ideas for a name or logo, it may be time to start the trademark process. The government awards trademark rights on a first-come, first-served basis. Therefore, starting the trademark application sooner improves the chances of acquiring the legal rights to the words or logo you want to own. If you want to know when to start the trademark process, consider contacting an experienced intellectual property attorney at the Grabbe Law Office by clicking here to schedule a free 15 minute call or by calling (785) 621-4711 to schedule a consultation.

 

Start the Process To Trademark As Soon As Possible  

 

Before beginning the registration process, the United States Patent and Trademark Office (USPTO) recommends performing a trademark check to determine whether the desired trademark is already being used. This can help business owners avoid expensive legal battles. Imagine building a business around a name and a logo only to be forced to change it years later because someone else had superior rights to it.

 

Business owners often spend enormous amounts of money on marketing a company name and logo. They spend time earning an outstanding reputation using that name. Those efforts, however, can be reversed if they have chosen a name or logo already owned by someone else. Starting the trademark process immediately can help to avoid the frustration of undoing all that work. While a person may file for federal trademark registration anytime, there is no certainty that it will be granted, even if the owner has invested significant resources in developing the brand.

 

What Is Important About a Registered Trademark?

 

A trademark is a term, phrase, design, or symbol that distinguishes a company while also granting the company exclusive legal rights to its identity. The USPTO oversees trademark registration and defends firms from rivals that use the same or similar marks in their industry.

 

While a person does not have to register with the USPTO to have some level of protection, registering the trademark provides stronger protection. Other benefits can include filing a trademark infringement lawsuit in federal court and blocking imports of infringing goods. Unregistered trademarks can have some protection at the city or state level, but these choices are not as extensive as federal registration.

 

Registered Trademarks Can Provide Nationwide Protection

 

A business logo and name are vital elements of brand identity that help customers distinguish one business from others offering similar products or services. These elements of intellectual property (IP) hold inherent value and are essential to defining a brand. Without them, it would be difficult for customers to identify and remember a business. Registering a trademark provides more substantial protection that extends nationwide. An intellectual property lawyer from the Grabbe Law Office can advise business owners about when to start the trademark process.

 

Unregistered trademarks, often called common law trademarks, can offer some protection at the city or state level. A common law trademark extends only to the geographic region where it is used. If a business uses a common law trademark in one state, the owner may not have protection for that mark in another state or area. In contrast, a federally registered trademark provides nationwide protection. Therefore, if someone operates a company with a unique name and a brand created around the trademark of that name in connection with the company’s product or service, that trademark could be recognized in a specific area and among certain trade channels. However, protection may not be available if the owner moves into a new market or if someone else has registered the same name with the USPTO. A business owner may be able to avoid that uncertainty by taking steps to register the trademark.

 

Trademark Registration Has Many Benefits 

 

There are many reasons to register a trademark while considering names and logos for a startup business. Trademark registration can help a business owner:

• Avoid building a brand name already owned by someone else

• Prevent others from registering a similar brand

• Have the exclusive right to use the trademark across the United States, preventing others from using a similar name and confusing customers

• Legally use the ® symbol, indicating that the mark is registered in the USPTO Principal Register and is nationally protected from use by others

• Boost the value of the brand by demonstrating to customers that the firm is established

• Show proof of ownership to deter infringers

• Secure funding for the business more easily

 Get started trademarking a business name or image early in the startup process to maximize the investment of time, money, and talent. Due to backlogs, it can often take a year for the USPTO to grant final approval for a trademark. 

 

Best Practices for Identifying a New Company Name 

 

Experienced companies follow a similar process for selecting brand names to avoid trademark infringement lawsuits. They start with an extensive list of names and conduct a quick database search to identify all problematic trademark issues. This is called a “knockout search.” They then narrow the list and complete a comprehensive trademark search on the remaining terms, including federal, state, and common law searches. Business and marketing professionals select the final name for the brand, product, or service from that list. On rare occasions, no name passes the search. In those situations, larger companies will often attempt to acquire the trademarked name from the original owner. 

 

Contact an IP Attorney for Help Today

 

Many company owners assume that hiring an attorney for trademark registration is prohibitively expensive and may not hire one. However, using certain nonlegal online resources for registering a trademark may be even more costly in the long term. Hiring an experienced trademark lawyer may be a cost-effective option since they understand when to start the trademark process and can help to avoid errors. Mistakes in the application procedure can cause months or even years of delays, so delegating the process to a professional may save a business owner time, difficulties and money. Obtaining a trademark is vital for protecting a company’s brand identity, but the trademark process is complex. If you are ready to pursue a trademark for your business, consider contacting an experienced IP attorney at the Grabbe Law Office by clicking here to schedule a free 15 minute call or calling (785) 621-4711 today for more information.