How to Register and Trademark a Brand Name - NewBalancejobs
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How to Register and Trademark a Brand Name

Register and Trademark a Brand Name – Brand image is a competitive advantage.  Companies are leveraging their branding to win new businesses, deepen customer loyalty, raise funds, attract talent, and bargain deals, among others.  Trademarks take effect once they are used for commercial purposes, so you do not need to register a trademark in order to obtain it.  However, trademark registration is easier to enforce with broader protection.

 To register and trademark a brand name is a big step that helps you protect your brand identity from misuse or theft.  Registering a trademark is a fairly straightforward process that you can complete in a few easy steps.  This guide will guide you through every step needed to register your trademark and brand name, and answer some common questions about registering your trademark.

  Companies looking to find a niche with competitors and the big names work hard to make a lasting impression on their target audience.  Regardless of mastering their product or service, companies are developing a distinct brand, using colors, logos, names and other unique identifiers to set it apart from others in the market.

What is a benefit of registering a trademark?

  Over time, a company’s brand role is not only limited to its products and services, but also its reputation.  That is why it is so important that businesses protect their trademarks and any and all of the marks that separate their products and services from others.  The best way to secure a trademark is to tag it.

  When you register and trademark a brand name, you are legally guaranteeing that you have exclusive rights to use the thing you are registering.  In other words, you are only permitted to use the word, phrase, design, or trade name that it bears.

  Almost anything that identifies your business can be branded, but it has to be specific to your brand.  Trademark applications can be rejected for several reasons, such as whether the mark or phrase is very similar to another company that has a trademark or is in the process of registering trademarks in the same category of goods and services.  Successful trademark registration will only be applied to the category you specify in your application; with each additional semester, you choose to register it at an additional cost. 

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This means that many people or companies can carry the same trademark in different classes of goods and services, so make sure you take the time to think and consult a professional about the categories that should be included in your trademark registration application.  Unlike patents, which are designed to protect inventions, industrial and aesthetic designs, and copyrights, which cover artwork, music, and literature, trademark registrations act as the company’s brand identity and set you apart within the market.

  In simple terms, trademarks are legal protections that prevent others from reproducing or using your trademark identification features – such as your company name or logo – without your permission.  This even extends to the use of names or slogans that could easily be confused with yours.

  All trademark elements are trademarked once used.  If you design a logo and place it on your website, it’s technically illegal for someone else to copy it.  However, it is wise to officially register your trademarks.  If you don’t, it can be difficult to take action against anyone trying to steal your trademark.

  The consequences of choosing not to register and trademark a brand name can be dire.  Someone might imitate your brand to sell low-quality versions of your products to customers.  They can even deceive customers by fraudulently taking their money, while never planning to introduce a product.

  Any of these situations (of course) will reflect poorly on your brand.  Some customers may blame your company for poor-quality items, or for losing their money.  A registered trademark can help you prevent this from happening.

  Can I register my trademark internationally?

  Registering in every country is a near-impossible task – especially if you do business online.  It’s hard to know in advance which countries the people who shop on your site are coming from.  Having said that, there are ways to register your trademark internationally without having to go through the registration process with the individual countries.

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  International registration is not a requirement.  If all of your clients are from the United States, then registering internationally may not be worth your time and money.  But if you sell online, your trademarked products or services will be available – at least viewable – internationally.  So an international registration is a good idea.  Doing business in other countries outside of the United States means that you should likely use an international trademark registration process.

How to Register and Trademark a Brand Name

·         Select “your brand” and its associated products or services

  There is some information that the United States Patent and Trademark Office (USPTO) will need to register your trademarks.  The first is your brand, or the branding element for which you trademark.  In this case, your tags are the name and logo of your company.

  You will also need to identify the products or services that you plan to apply your trademark to.  Your registered trademark will only apply to the products and services you include in your app, so it’s important to make sure you include them all accurately.  Consulting Trademark ID Manual can help you here.

  It is important to note that you must submit separate applications for your company name and logo.  The shared app will only protect your name and logo when they are used together, which means it will not prevent anyone from using your name or logo individually.

·         Search for similar trademarks in the USPTO Database

  Before applying to register your trademark, it is important to ensure that no one else is using the same or similar mark.  You can do this by searching the USPTO database.  You will need to search for any signs that are similar to yours, as well as those used for similar products or services.

  Whether or not to proceed with the application process depends on your case if there is a similar registered trademark.  In cases where you first started using the mark, you may still be able to register it.  Otherwise, you might be stuck in the unfortunate situation of having to change your brand.

·         Submit your trademark application

  After completing your search to ensure that no other company is currently using your preferred business name, you must then prepare and submit your application.  You may want to consult an attorney to make sure that your application does not contain errors and to help you meet the application deadlines and any other important dates.