Trademark 101: Should You Trademark?

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Now that we know what a trademark is and is not, let’s dive into the next logical question: should you trademark?

The easiest way to answer this question is to look at your business and your plans for it.

-          Is the name, logo, or slogan an integral part of your business?

-          Are you doing business on a statewide or nationwide or international level? If you’re only doing business citywide or countywide, do you see potential for geographical growth?

-          Would another business in your industry using the same or similar name hurt your business? In other words, is it possible you’d lose customers if someone had the same or similar name in your industry?

If you answered yes to any of the above then exploring a trademark is the way to go.

Here’s what a US Federal trademark gives you:

·         A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration (whereas a state registration only provides rights within the borders of that one state, and common law rights exist only for the specific area where the mark is used);

·         Public notice of your claim of ownership of the mark;

·         Listing in the USPTO’s online databases;

·         The ability to record the U.S. registration with U.S. Customs and Border Protection to prevent importation of infringing foreign goods; • The right to use the federal registration symbol “® ”;

·         The ability to bring an action concerning the mark in federal court; and

·         The use of the U.S. registration as a basis to obtain registration in foreign countries

Pretty nice perks, huh? If you’re still not sure if a trademark is right for you, please leave me a comment or send me an email shannon at tmexpress dot com