Startups consider their brand and brand representation, such as their company name and logo, as one of their critical assets. Developing the company name and associated branding, including signage, letterhead, and advertising materials, occupies a significant amount of valuable time and effort. To avoid potential legal issues, proactive steps can be taken to secure rights to your chosen name through trademark searches and registration.
This article offers guidelines for trademark protection for startups, addressing what trademark rights to protect and how to do it effectively.
What Should You Trademark?
Often, startups are unsure of what should be covered by trademark registration, extending beyond the company name. Some items that could benefit from trademark protection for your startup include:
Company Name
It’s crucial for small businesses to protect their company name, as it’s how consumers identify and find your goods or services. Without protection, competitors could use a similar name, leading to customer confusion and potential loss of business.
Product Names
Similar to the company name, product names should also be protected to avoid competitors using similar names for their goods and services.
Logos
In addition to product names, logos should also be protected as trademarks, such as the Nike Swoosh or the Apple logo.
Advertising & Marketing Slogans
Trademark protection should also extend to any specific advertising slogans used in promoting goods and services.
Benefits of Trademark Registration
Startups may question the value of trademarking due to cost and effort, but the benefits of trademark registration are numerous. These include:
Deterrence
Registered trademarks are easier to discover, acting as a deterrent to others considering adopting similar marks.
Registration Symbol ®
Registered trademarks have the authority to use the ® symbol, signaling legitimacy and deterring potential infringers.
Damages
Having a registered trademark increases the potential damages that can be claimed in case of infringement, including the possibility of recovering lost profits and attorneys’ fees.
Block Importation of Infringing Goods
Registered trademarks can be provided to authority to block the importation of goods bearing infringing trademarks.
Takedown Notices
Trademark registration simplifies the process of getting online marketplaces to remove infringing listings.
How to Protect Your Trademark
1. Check if Your Name is Available.
Conduct thorough research to determine if your desired name is available for trademark registration before incurring non-refundable government filing fees.
2. Register Your Trademark.
Apply for trademark registration as soon as possible to secure your rights before someone else does.
3. Monitor For Infringement.
Regularly monitor the use of similar trademarks to ensure that no one adopts a confusingly similar mark.
4. Police Your Trademark.
Act quickly to stop any infringement of your trademark using appropriate enforcement measures. Seek legal advice if needed.
Final Thoughts
Protecting your brand through trademark registration, monitoring, and enforcement can ensure the success and growth of your business. For more information on trademarks and intellectual property protection, visit this Intellectual Property Introduction.
For further assistance and discussions on trademark strategy, contact Feras Mousilli at Lloyd Mousilli, LLC.
