Trademark a Name in Seven Steps (And 5 Mistakes to Avoid)
A business name. A logo. A slogan. These are just some of the concepts you can trademark. In doing so, you provide legal protection for your business and preserve its unique identity in the marketplace. But how can you go about obtaining trademark rights in the U.S.?
The entire trademark application process is filled with legal jargon and can be hard to understand, especially for new business owners. This comprehensive guide on trademarking a name walks you through this process in seven easy-to-understand steps.
Business Name Trademark Registration: At a Glance
- A trademark is vital for brand identity, ensuring other companies can’t misuse your business name.
- Trademarking a business name offers several benefits, including boosting credibility and edging out competitors.
- The trademark registration process is rather complex and lengthy and might require a helping hand from third-party services.
What Is a Trademark?
A trademark is a legally recognized word, phrase, symbol, or design that identifies the source of goods and services and distinguishes it from others in the marketplace.[1]
After obtaining trademark protection for your company name, brand name, logo, branding design, or tagline, you can take legal action against those who attempt to use the same or similar names or concepts or misrepresent your brand.
At its core, a trademark embodies your company’s brand identity. When your customers see your trademark, they should instantly connect it to your business and the values it represents. This means that, in a way, a trademark is the public face of your business, offering quality assurance to all your existing and future customers.
Trademark vs. Copyright
Though a trademark is a relatively simple concept, there’s still a lot of confusion about what a trademark is and isn’t. That’s why many people still confuse this concept with copyright.
Trademarks and copyrights offer legal protection of intellectual property, but the difference lies in what they protect.[2]
A trademark primarily protects a brand identity, from the brand name to the design elements associated with that brand. On the other hand, copyright applies to original and tangible artistic, literary, or intellectually created works, such as a book or song lyric.
A copyright protects your exclusive right to reproduce, distribute, perform, or display your created work and prevents others from copying it. If your business relies on creative works, we can help you register your copyright in as little as 7 minutes.
Benefits of Trademarking Your Business Name
Trademarking a business name is a complex process. All the bureaucracy and long waiting can get overwhelming and frustrating, especially for a small business owner. So, why go through with it?
The answer is simple — the benefits of registering a trademark far outweigh the challenges of the registration process.[3] Here are just some of the main advantages to consider:
Protect Your Brand’s Identity
Your brand identity is how the world sees you. Trademarking your business name, arguably the most significant part of this identity, allows you to keep your brand’s reputation intact. No other company can use it for purposes that might be antithetical to your brand’s mission and values.
Gain Exclusive Rights
Trademark your business name, and you gain an instant edge in capturing customer attention in your niche market. This automatically means less competition and a better overall market position.
Avoid Trademark Infringement
Some people believe everything is fair in business, so don’t be surprised if some unscrupulous people try to trick your customers by creating a similar-sounding business name. But also don’t get discouraged, as a trademark offers you an avenue to protect your business from such underhanded moves.
