5 Important Things Businesses Should Know About Trademark Applications
Setting up a successful business is not only about creating an excellent product/service and finding the right audiences for the same. As a business, you also need to think about your competition and whether or not they are riding your brand on their path to success.
A Trademark is an ‘Intellectual Property Right’ that ensures that others are not able to mimic or imitate your brand and strike up a conversation with target audiences.
Trademarks are very important and essential for businesses looking to protect their commercial interests. In this article, we speak to a leading NYC trademark lawyer that is a leading authority in the field. We ask him to shed light on five important things that businesses need to know about trademark applications.
List of 5 Important Things Businesses should know about Trademark Applications
1. Hire an Expert Trademark Lawyer-
Let us face it, if you are running a new business, there are probably twenty things at the top of your head that need attention. Doing research for trademarks, checking eligibility, and so on is not something that you will be able to make time for.
This is why you need to hire the best and most experienced trademark lawyer out there. They can help you with everything from doing the research, filling in the paperwork and submissions. In addition, if you get embroiled in a legal battle, they can defend you in a court of law.
2. Make your Trademark an Extension of your Business-
In addition to being a legal entity and requirement, a trademark is also a very strong branding element for a business. This is why experts suggest that a good trademark should incorporate-
- The name of the business
- The brand’s colors
- The logo of the brand
Choosing a trademark in the right fashion, allows you to line up all your branding perfectly. This is why proper care and research should be done that you get it right the first time itself. Once you are able to do this, your business will benefit, both in the short-term as well as the long run.
3. State and Federal Laws Differ on Trademarks-
This is one mistake that even most of the established businesses end up making. Starting a new business and registering for the same in the state does not automatically entitle you to a trademark. Your businesses’ name will only be protected in your own state.
However, nothing prevents a name from not being used in a different state. This is why you would need a federal trademark to ensure that businesses with your name do not crop up in different states and parts of the country.
4. Government Authorities do not Enforce Trademarks-
Yes, you read that right. Government authorities like the USPTO only process and award trademark. However, it is up to the business concerned to bring it to the notice, if someone is using the trademark, brand name, logo, or colors.
As a business, you need to be vigilant. If you have already got the trademark, always use the ®. If you have applied but not yet received the same use ™ sign on all visible branding. Here is another place where a specialized trademark lawyer can help you enforce the same.
5. Be Mindful of the Future of your Business-
With so much competition in terms of names, logo designs, and branded colors, you might invariably land upon a name or a trademark that is already in existence in some parts of the world. If the business is in a foreign country, you do not have too much to worry about.
However, if the same is in your own country, albeit in a different state, you should try to avoid using the same. Keeping the future in mind, imagining where you will be in the next five or ten years, will help you prepare for the same.
The Final Words
Trademarks are important business legal entities. While you may not think that they are appropriate for your business, given the scale you are at now, it is always better to be foresighted and prepare for the future.