Blog: Protecting your brand through trademark
By: Alex R. FlatenINTRODUCTION
Your brand is one of your most valuable business assets. Whether you’re a small business owner, entrepreneur, or an established company, protecting your brand identity is crucial. One of the most effective ways to do this is by securing a U.S. trademark. A trademark is any word, phrase, symbol, design, or combination thereof that identifies your goods or services. Trademarks help consumers recognize your business and can also foster trust between the company and its customers.
WHY A TRADEMARK MATTERS?
Exclusive Rights to Your Brand:
A trademark gives you and only you the exclusive legal right to use your mark for the goods or services you register.
Nationwide Protection
A federal trademark protects your brand across the entire United States, including U.S. territories such as Puerto Rico, Guam, and the U.S. Virgin Islands. However, U.S. trademark protection does not automatically extend to other countries. If a business plans to operate internationally, it may need to seek trademark protection in each country where it conducts business. In some cases, international agreements—such as the Madrid Protocol—can simplify the process of applying for trademark protection in multiple countries.
Preventing Infringement
Registration allows you to stop others from using a confusingly similar brand name or logo. Trademark owners may take legal action by sending cease-and-desist letters, filing opposition or cancellation proceedings with the USPTO, or pursuing a trademark infringement lawsuit in federal court. Available remedies may include court orders requiring the infringer to stop using the mark, monetary damages, and, in some cases, recovery of attorney’s fees.
Building Business Value
A strong trademark can increase your company’s value and be bought, sold, or licensed. People often associate a trademark with quality, price, and even how they make the person feel. Having a strong trademark can allow a customer or client to quickly associate with your brand.
UNDERSTANDING U.S. TRADEMARK REGISTRATION PROCESS
The United States Patent and Trademark Office (USPTO) manages trademark registration. The process generally works in different steps, including.
Step 1: Conduct a Trademark Search
First thing is make sure your proposed name or logo isn’t already in use by another organisation to avoid conflict.
Step 2: File an Application
Your application must clearly describe your goods/services and include your mark. You can file your trademark based on: the use in commerce, or the intent of use.
Step 3: USPTO Review
A trademark examiner reviews your application and may issue an Office Action requiring clarification or changes. In addition, the examiner may approve the application for publication, issue a final refusal if legal requirements are not met, or require amendments to the identification of goods or services. If an application is refused, applicants may have the option to respond, appeal the decision, or refile, depending on the circumstances.
Step 4: Publication and Registration
If the examiner approves the application, the trademark is published in the USPTO’s Official Gazette, which serves as public notice of the proposed registration. During this period, third parties have 30 days to oppose the registration if they believe the mark would harm their existing trademark rights. If no opposition is filed—or if an opposition is resolved in favor of the applicant—the trademark proceeds to registration.
HOW CAN I MAINTAIN YOUR TRADEMARK?
Trademark protection lasts in the long term, but you must file periodic maintenance documents. If you don’t, the USPTO can cancel your registration.
HOW JENNRICH LAW CAN HELP!
The trademark process can be complex and time-consuming. Jennrich Law can assist you with the process, including conducting a proper trademark search, preparing and filing your application, helping respond to USPTO actions, and ensuring you maintain your trademark correctly. With the professional guidance from Jennrich Law, you can protect your brand with confidence and confront. Leaving you time to focus on growing your business.
