Protecting Your Brand Is Protecting Your Business
Your brand is one of your business’s most valuable assets. It sets you apart, builds trust with your customers, and becomes synonymous with your reputation. But without proper legal protection, it’s also vulnerable to imitation, misuse, or even outright theft.
That’s where trademark registration comes in.
Whether you are launching a new product, scaling nationally, or just getting started, registering your trademark isn’t a luxury, it is a strategic necessity.
What Is a Registered Trademark?
Trademark registration is the legal process of applying for and securing a registered trademark with the United States Patent and Trademark Office (USPTO).
The registration process may include:
- Conducting comprehensive trademark searches
- Preparing and filing applications
- Responding to USPTO Office Actions
- Managing deadlines and renewals
- Enforcing your rights against infringers
While it may appear straightforward, the trademark registration process involves complex and strategic decisions that could determine whether a judge decides to enforce or cancel your trademark registration the first time you try to use it against an infringer.
Why DIY Filing Is Risky
Trademark applications are often denied due to:
- Conflicts with existing marks
- Incomplete or incorrect submissions
- Poorly defined goods/services descriptions
Even a minor error can cost you months of delay or a complete loss of rights. While there is no guarantee that even a trademark attorney will not run into issues in the registration process, engaging an experienced trademark attorney to ensure your application is thorough, vetted, strategic, and legally sound increases the chances the registration process will avoid pitfalls before the Trademark Office.
The biggest drawback of DIY filing is that the Trademark Office does not verify that every aspect of your trademark application is correct. The Trademark Office grants many trademark registrations with hidden critical defects. The problem is that you may not find out about those critical defects until you try to enforce the trademark registration against an infringer and end up with a judge invalidating your entire trademark registration.
5 Reasons to Trademark Your Brand
1. Build a Barrier to Imitators
Registering your trademark puts competitors and counterfeiters on notice that your brand is legally protected, and that you are prepared to defend it.
2. Nationwide Legal Rights
A federal trademark registration gives you exclusive rights to use your mark across the entire U.S. This is critical in an online world.
3. Increase Your Business Valuation
Trademarks are intellectual property assets that enhance the value of your business. Whether you are attracting investors or preparing for sale, a trademark boosts your credibility and balance sheet.
4. Enable Enforcement Tools
A registered trademark empowers you to stop infringers through cease-and-desist letters, U.S. Customs enforcement, or litigation if needed.
5. Open Doors to Global Expansion
Planning to grow internationally? You may need a U.S. trademark registration before applying for trademark rights in other countries.
Picking the Best Trademark Lawyer?
Before you invest a large amount of time and money introducing your company’s name or logo to potential customers, it is a good idea to check with a trademark attorney about vetting and protecting those trademarks. Even big companies get in trouble not vetting their trademarks. In one case I recently posted about, a judge stopped OpenAI from using the IO trademark on its new AI product.
While there are many attorneys capable of registering your trademark, it is a good idea to choose a trademark attorney with extensive experience with not only prosecuting trademarks before the Patent and Trademark Office, but also one with experience litigating trademark disputes in federal court. Having the knowledge of what it takes to win a trademark infringement lawsuit helps inform the best practices on the registration side.
Another key element to choosing the best trademark attorney is to select an attorney who is easy to reach, willing to answer all of your questions, and with whom you have a good rapport. The better communication you have with your trademark attorney, the better, faster, and cheaper the trademark protection process will be. Finally, make sure you keep your contact information up to date with your trademark attorney. Trademark registrations require renewals to prevent them from going abandoned. If your trademark attorney cannot get ahold of you, they have no way to stop the Trademark Office from allowing your trademark registration to go abandoned.
Ready to start protecting your company’s most valuable asset? There is no better time than now to start.
Recent Comments