Protect Your Brand Name
By: Attorney Elena Fewell Howard
You have an idea for a business. Maybe you have started your service or sold your product to the public (placed it in commerce). You have also acquired a proper domain name and social media handles - even if you are not ready to launch a website or social media platform. Not a required step but a smart one.
When should you decide to file an application with the USPTO to protect your tradename, logo or slogan? Answer: As soon as you are certain that this is the business you will be pursuing, even more so if you are thinking that one day you will sell it. You don't want to build your brand locally to find out later that you have either unknowingly infringed on someone else's registered mark (if that occurs, you can can the mark owner for permission and negotiate the use but, I digress) or find out that your name is not registerable for being too descriptive or whatever reason the USPTO examiner gives you.
What will a tradename afford you?
The application process takes approximately 12 – 16 months but if your trademark is accepted (meaning, officially registered with the USPTO), the federal protection of that name, logo or brand starts as of the day you filed your trademark.
Acquiring your trademark will afford you access to be able to defend against another business from using your mark for their own monetary gain.
A trademark is intellectual property that can increase the value of your business. In the event you would like to sell your business, it increases your valuation because your business has already acquired federal protections over its brand.
As long as you continue to use your mark in commerce, the protection of your mark never expires.
In the event a person or business uses your mark without permission (infringement) and you successfully argue their use is unlawful as your mark is protected under law and their attempts to use are either out and out infringement (the same name or logo) or creates a likelihood of confusion amongst consumers where they cannot discern the your product or service from the imposters product or service, you will be eligible to be awarded treble damages. Meaning, the court may award you – as the prevailing party - triple the amount of the actual damages.
Many law firms – including Rational Unicorn Legal Services PC - have flat rate payment structures to assist you in registering your trademark in order to afford a business the ability to budget the legal expense. Hopefully this blog has been informative and may your business venture be a fruitful one!
We’re now scheduling free consults to discuss trademark services for your business. Get in touch.