Steps to Take to Protect a Trademark

Trademark Protection

Many do not realize that when they trademark their business it becomes an asset. Once you have trademarked either your company name, logo, or phrase, others do not have the ability to use it. One advantage to a trademark as your business becomes more popular, consumers will associate your trademark with your business. The process can be complicated, and you will want to acquire a trademark lawyer to help you with the application process. Here are some key steps to take to protect your trademark:

Step 1: Contact a Trademark Lawyer

A trademark lawyer may play an essential role in obtaining a trademark for your business. Not only will they ensure that the proper steps are taken, but they can also help with the complicated application process. Having a trademark lawyer to help conduct a trademark search and ensure that your logo, brand, or name is not in use elsewhere can ensure that you do not go through the process of trademarking something that already exists. This can save you a significant amount of time and money. Trademark lawyers help business owners move through the application process with ease. Additionally, if you are a business that is based in a foreign country attempting to obtain a US trademark, you will require the assistance of a trademark lawyer.

Step 2: Conduct an Extensive Trademark Search

Engaging in an extensive trademark search process is essential. You will want to make sure that your logo, name, or slogan is unique to you. The last thing you want to do is endure the lengthy process of attempting to trademark a component, only for the USPTO to reject your application because it is too similar to another trademark out there. A trademark lawyer, like a trademark lawyer in Naperville, IL, can conduct an extensive search for you to ensure that your trademark is unique. 

Step 3: Carefully Select Your Mark

Selecting your mark is a very important component to obtaining your trademark. Once you have selected your mark, you must ensure that it is in the proper format. Additionally, you will want to make sure that you properly identify your goods and services. 

Step 4: Complete the Application Process

Completing the application process will be your next step. There is a fee for registering your trademark. If your trademark is rejected by the USPTO, you risk losing the money you submitted with your application. Additionally, receiving an official trademark can take time. To ensure a smooth process, you will want the application to be completed accurately and correctly. A trademark lawyer can assist you with the application process. 

Step 5: Respond in a Timely Manner

Once you have submitted your application, it can take months to receive a decision. However, once you receive a letter from the USPTO, you will want to make sure that you take action as quickly as possible. Your response will be needed within a specific time frame to keep your application active.

If you are the owner of a smaller business, you will surely be wondering whether you really need a trademark. If your business only operates within a small area, you may not need a trademark. When you license your business, you will register your business’s name. This means others within the state will not have the ability to use your business name. However, you may choose to protect your business with a trademark to prevent others from taking your idea or should you plan to sell goods online. For more information, it may be in your best interest to speak with a trademark lawyer.

Thanks to The Law Offices of Konrad Sherinian for their insight into how to protect a trademark.