If you’re starting a business, launching a product, or offering a new service, you’ve probably spent a lot of time thinking about your brand name, logo, or slogan. But when should you think about getting a trademark?
The short answer: sooner than you think.
Many small business owners assume they can wait until their business grows or becomes more successful before worrying about trademark protection. But the truth is, it’s usually better to act early—sometimes even before you open your doors.
Let’s break down when and why you should register your trademark, how the application process works, and what you gain from federal trademark registration.
What Is A Trademark?
A trademark is anything that helps people recognize your business, like a name, logo, or slogan. It tells customers who you are and what you offer. When you’re offering services, it may also be called a service mark.
When you register your trademark, it means you’ve taken steps to protect your brand legally. You’re letting others know that your name or logo is taken and can’t be copied. This protection becomes even stronger if you go through federal registration with the United States Patent and Trademark Office (USPTO).
When Should You Get A Trademark?
1. Before You Launch
The best time to file a trademark application is often before you officially launch your business. If you already have a business name, slogan, or logo in mind, it’s a good idea to file early to make sure someone else isn’t already using it.
Starting the registration process early helps you avoid legal trouble later. You don’t want to spend money on branding, packaging, or a website only to find out your name is already taken.
2. When You’re About to Market Or Advertise
Before you print business cards, launch a website, or run social media ads, it’s smart to make sure your name and branding are protected. If you register your trademark, you’ll be able to stop others from using your name or copying your look.
You also get to use the ® symbol once your trademark is registered, which shows people that your brand is protected by law.
3. When You Plan To Grow
If you’re thinking about expanding to other states or growing your online store, you’ll want federal trademark protection. Just using your name or logo in your local area gives you some rights (called common law rights), but those don’t carry over to other states.
With a federally registered trademark, you have the legal right to use your mark across the U.S., no matter where your business is located.
Why A Federal Trademark Matters
There are two main ways to protect your trademark rights: just using your mark in business (which gives you common law rights), or filing with the federal government to get a federally registered trademark.
Here’s why federal registration is the stronger option:
Nationwide Rights
A federal trademark registration gives you protection in all 50 states, not just your local area.
Stronger Legal Backing
When your trademark is registered, the law assumes you own it. That makes it easier to protect your brand if someone tries to copy you or use a similar trademark.
Ability To Go To Federal Court
If someone steals your brand or logo, a federally registered trademark lets you take legal action in federal court.
Use Of ® Symbol
After your application is approved, you can use the ® symbol. This gives public notice that your name or logo is protected.
Help With Stopping Counterfeit Goods
If people try to import fake products using your brand, the U.S. government can help stop them but only if your trademark is registered.
hat Happens If You Don’t Register?
If you don’t file for federal registration, you might still have some rights just by using your brand—but those rights are limited. You might not be able to stop someone in another state from using your name, even if you used it first.
Worse, someone else could register your trademark before you do and force you to change your brand name. That could mean losing customers, website traffic, and all your marketing work.
Do You Need A Trademark If You Have An LLC?
Many business owners think that forming a limited liability company (LLC) or other business entity gives them full rights to their name. That’s not the case.
Your LLC protects your business legally, but only at the state level. It doesn’t stop someone in another state from using your brand name—and it doesn’t help in federal court if there’s a dispute.
If you want to be the only business using your name or logo across the country, you’ll need to go through the trademark registration process.
What To Know Before You File
1. Do A Trademark Search
Before you file, do a trademark search to make sure no one else is using a similar trademark. You can search through the patent and trademark office website or get help from a trademark lawyer.
If you skip this step, your application could be denied, or worse, you could be sued.
2. Know What You’re Protecting
Decide what you want to protect: your business name, logo, slogan, or all of them. Then figure out what kind of goods or services your business offers. The trademark office needs to know this to process your trademark registration application correctly.
3. File Online
You can file your trademark online through the USPTO’s website. You’ll need to give details about your business, your mark, and how you use it in your business.
You’ll also need to pay a fee, which depends on the type of trademark application you file.
4. Respond To Any Questions
Sometimes the trademark office may come back with questions or ask for changes. This is common, and it’s part of the process. Just be ready to reply quickly so your application doesn’t get delayed.
How Long Does It Take?
The full application process usually takes 8 to 12 months. While that might sound long, it’s worth the wait. Once your trademark is registered, your brand has strong legal protection and it’s easier to grow your business with peace of mind.
Final Thoughts: Don’t Wait Too Long
Waiting to file your trademark application can cost you time, money, and even your brand. If your business is open or you’re getting close to launch, it’s a smart move to file early.
Even if you’re just getting started, having a registered mark gives you the legal tools you need to grow your business the right way.
Start The Process Today
Building a brand takes time, energy, and passion. So when it comes to making sure your trademark is registered and fully protected, you deserve a legal team that gets it right.
At Beard St. Clair Gaffney, we help business owners like you secure their intellectual property rights, claim ownership of a proposed mark, and ensure that their brand has the exclusive right to be recognized nationwide. Whether you’re working with special form trademarks, unregistered marks, or need help choosing the right filing basis, we walk you through the entire process and help you avoid common trademark issues along the way.
We also represent clients before the appeal board, assist with marks used in interstate commerce, and work with both individuals and private companies to protect what matters most: their name, identity, and hard-earned reputation. When your trademark is properly handled, you gain a legal presumption of ownership and the confidence that your brand is backed by law.
If you’re ready to take the next step—or you’re unsure if your trademark is being used correctly- reach out to our team. We’re here to help you every step of the way.
