When you create a business, it is all about creating a brand that is recognizable and something you are proud of. Each component of your brand that makes it recognizable can possibly be your intellectual property. This intellectual property is called a trademark.

What is a Trademark?

A trademark is something that shows your consumers where the goods and services are coming from. There is a wide range of things that can be classified as a trademark but they must be unique to the brand that they represent. Below are different types of brand identifiers that would qualify as a trademark.

Slogan

A slogan is a short sentence or a phrase that is used to advertise a good or service to its consumers. They are usually memorable and clever but get the point across at the same time. The goal is for consumers to recognize your brand by those few words.

Sounds

Even something as simple as a sound that is used to advertise a product can be trademarked. It can be just a few notes or a whole jingle. It needs to be easily identifiable and unique to your brand. Sounds are an easy way to help consumers remember your brand.

Symbols

A symbol that represents your brand can be trademarked. Your logo is something that is used to identify your brand. Consumers see it and are able to easily identify your business.

A trademark can also be any combination of the above that are identifiers of a brand or business.

Why Do You Need a Trademark?

The ideas that you have come up with that identify your brand are your intellectual property. You have a right to protect your property and you can do that by obtaining a trademark. This ensures that others within your business field are not able to use your sound, slogan, symbols, or a combination to identify their brand. With a trademark, you will have the legal right to prevent others from using your intellectual property. With the competitive market, it is crucial to have things that identify your business.

What is the Process of Getting a Trademark?

Applying for a trademark can be a lengthy process but once done it is a benefit and protects your business. First, you must ensure that what you are wanting to trademark can be trademarked and that no one else has trademarked it before. When filling out the application, you will be inquired about the field of business your trademark is going to be used in. Once your application is completed, it will be submitted to the Trademark Electronic Application System. From there, it will be determined if what you are presenting is trademarkable and if it has not already been trademarked by another business in your field. If approved, your trademark is officially your intellectual property.

Trademark Infringement

Once you have a trademark, others within your business field cannot use your trademarks. Sometimes there is confusion about whether anyone can use your trademark, but it is limited to others in your field that cannot use your trademark. If consumers will be confused by the trademark being used by someone else in the same field, that would be considered infringement. In order for your trademarks to be protected by law, they must be registered, you must have ownership over the trademark and proof that it is confusing consumers.

Do You Need a Trademark?

You may be wondering if you should trademark your ideas. The answer is always yes. It is a smart choice to get your ideas trademarked as soon as you can. If you choose to wait, someone else may have the same idea and beat you to get the trademark for it. If you find yourself in this kind of situation, we are able to help you fight for your trademark. At Beard St. Clair Gaffney, we encourage any business owner to get their logos, brand names, slogans, and any other ideas trademarked quickly.

Why Beard St. Clair Gaffney?

When it comes to trademark law, we are well versed and experienced with all types of cases. We are here to help you get your trademark registered, fight a trademark infringement, or help you with any questions that you may have about trademark law. It can be overwhelming to be a business owner while simultaneously trying to protect your brand, let us take care of your trademark needs. All of our team members are ready to give your case the time and dedication it needs. There is no question or concern too small, please give us a call and we can figure out a way to help you.

FAQ

Do I look for infringement?

Yes. Once your trademark is registered and owned by you, it is your responsibility to watch for others that are infringing on your trademark. It is important to keep in mind that it is only considered infringement if they are another business within your field.

How long does the registration process take?

From the start of the application process to your trademark being registered can take anywhere from 12-18 months. If all goes smoothly, it will be on the shorter side. If they have questions about your trademark application it will lengthen the process. If they object to your application initially and you have to defend your trademark, it will also increase the processing time.

Will my trademark registration expire?

Your trademark registration is good for 10 years. It is up to you as the trademark owner to renew your registration when it expires. If you keep up on the registration of your trademark, you will continuously have ownership of the trademark.

Do I have to get a trademark?

The short answer is no. But we strongly recommend that you get a trademark on your ideas in case another business starts using your ideas. With a trademark, you are able to take legal action to prevent them from using your idea. What is used to identify your brand is important, do not let others use it for their benefit.