How to protect your brand and business: The 411 on Trademarks.

How to Protect My Brand?  

One big step to protecting your brand is to trademark it to ensure that you have legal protection.  A trademark is a distinctive mark, symbol, or emblem used by a business to identify and distinguish its goods and/or services from those of others.  A trademark protects the things that defines a business’ brand such as a word, symbol, phrase, design or combination thereof associated with your business. 

Trademark Eligibility  

To be eligible for a trademark, the mark must be distinctive meaning that consumers will not confuse the mark with another brand. The mark must also be used in commerce. A mark is used in commerce if it is used in connection with selling or advertising the business’ products or services. A trademark applicant can prove that the mark has been used in commerce by providing products to support its application such as, but not limited to packaging, labels, retail displays, and brochures.  

Why Should I Trademark My Brand? 

Registering a mark gives the owner exclusive rights to use the registered mark in commerce, and it provides notice to other businesses of the registrant’s ownership in the mark. Once a mark is registered, it is given legal protection and it will be illegal for anyone else to use the mark. In the event that someone does try to use the mark, the registered owner of the mark can take legal action.  

Where Do I File My Trademark Application? 

There are federal and state level protections for trademarks. The United States Patent and Trademark Office registers all federal trademarks in the United States. Federal registration is the best form of protection because there is a legal presumption of ownership nationwide and the owner has exclusive rights to use the mark anywhere in the United States.  

Each state has a trademark registration system that is separate from the federal system. State registration provides legal protection for the mark only in the state in which the mark is registered. Therefore, there is no nationwide protection provided for state registered trademarks.  

Brand protection is extremely important for your business and its growth.  We would love to talk to you about your business, to help save you money, time, and legal complications.