Why do I need to trademark my name/logo?

So, you formed your business, and you are rocking and rolling selling product, making money, and designing your next line. Why on earth would you need a trademark and what is it?

In a previous blog, I explained how a trademark fits into the bigger picture of intellectual property and why it is important to address it early in the lifecycle of your business. 

https://www.friasindianlaw.com/blog/what-is-intellectual-property. If you have registered your business name in your state and have license to operate, or even a state registered trademark, none are the same as having a federally registered mark.

A trademark protects a mark from being registered by others and helps you prevent others from using a mark that is like yours with related goods or services (often referred to as infringing on your mark). A mark is trademark, service mark, certification mark, collective trademark, collective service mark, or collective membership mark.

The purpose of the trademark system is to protect consumers from confusion in the marketplace. Your registered trademark is the most valuable asset of your business. Customers can depend upon your business and your goods and services. Whereas an infringing mark trades upon your good name and can damage your reputation. Registering your mark with the federal United States Patent and Trademark Office (“USPTO”) database offers you nationwide protection for your brand. You have likely spent copious amounts of time building your brand by designing your logo, making, or providing unique services or products, and building your reputation in the industry. You need to register your mark to protect that brand that you have built and continue to build, as well as the goodwill associated with your name.

By registering your mark, you can prevent others from using your mark to do business with similar goods or services. For example, let’s say you have a fashion brand, associated with a unique logo that you designed yourself which has a significant cultural meaning. Then a Chinese company copies your name and logo and attempts to register with USPTO for sales in the United States to for clothing of substandard quality based upon copies of your fashion designs. Since your mark is already registered with USPTO, you can object to the registration of the Chinese company. This is actually a common scenario.

Also, if you attempt to register your mark and someone else has already registered it or something substantially similar with the USPTO, you can save a lot of time and money by changing your mark before you spend money on marketing and building your brand. By registering your mark early in the process, you will save yourself both time and money. It is always a good idea to make sure your mark is not already registered by someone selling or providing services in the same area. You can avoid costly litigation by ensuring you are not infringing on someone else’s mark and won’t have to rebrand. Money, money, and money… Save it by doing your registration early and consulting an attorney who can walk you through the process and advise you on likelihood of copying another registered mark.

Takeaway: Registering your mark protects your brand and going through the process can save money down the line on costly litigation or rebranding!