How to Use Trademarks to Protect Your Brand

Learn how trademarks can protect your brand and boost its reputation. Click to explore expert tips on securing your brand identity effectively!

In the business world, establishing a strong brand identity is key to capturing customers’ attention. Registering a trademark can help you make that happen.

First things first: how does a trademark work? In essence, trademarking a brand name grants you exclusive rights to its use. Doing so allows you to differentiate your company from others and develop an authentic brand reputation.

Not sure if you need a trademark to protect your brand? Let’s go over the main reasons why trademarks matter and how to register them!

Why Should You Trademark Your Brand?

Beyond granting you exclusive rights to use a brand name, trademarks come with other key benefits as well. These include:

• Brand recognition: Registering a trademark builds authenticity and trust among customers, contributing to the value of your brand
• Brand protection: A trademark acts as a deterrent to potential infringers and gives you legal grounds to receive infringement damages
• Market expansion: Registered trademarks may open doors for licensing agreements or diversifying into new product lines

Do Trademarks Differ From Trade Names?

Contrary to popular opinion, a trademark isn’t the same thing as a trade name. The latter is simply the official name of a company. Though some trade names (or business names) are trademarked, this is far from a hard-and-fast rule.

In general, you should trademark your trade name if you’re using it to promote your products. For instance, McDonald’s is both a trademark and a trade name. Meanwhile, TJ Maxx is a trademark owned by TJX Operating Companies.

Does a Trademark Override a Copyright?

Trademarks and copyrights are types of intellectual property rights. These terms are often used interchangeably, but they protect different things and can coexist.

Beyond brand names, a trademark can safeguard all unique identifiers of a business. Its main purpose is to distinguish the products and services of one company from those of another. A trademark can protect:

• Brand names
• Slogans
• Logos
• Colors
• Shapes

A copyright is used to protect original creative works, such as art or music. It grants exclusive rights to the owners or creators of those works. Some assets, such as logos, can have both copyright and trademark protection.

How Do You Protect Your Brand?

The trademark registration process consists of several key steps. Following these steps is essential for securing legal protection for your brand.

Step 1: Assess the Need for a Trademark

First, make sure that trademarking a brand name makes sense for you. Come up with a plan for how you’ll use and protect the trademark. Assess the significance  and strength of your brand name, considering factors such as:

• Name uniqueness
• Market competition
• Long-term business goals

Step 2: Run a Trademark Search

If you decide you want to register a trademark, you must confirm it’s available. To do so, you should run a comprehensive trademark search. This involves going through both national and international trademark databases.

Keep in mind that there are millions of active trademarks out there. As such, you’re unlikely to identify a distinct brand name that’s fully available. If so, you’ll need to use some trademark strategies to get your application approved.

Step 3: Submit Your Application

If your desired trademark seems available, you’ll need to prepare your application. Then, you’ll file it with the United States Patent and Trademark Office (USPTO). Some of the information and documents you’ll need to provide include:

• Your company’s details
• Description of your products/services
• Clear representation of your trademark

Step 4: Address Any Concerns

Once you submit your application, the trademark office will review it. They’ll assess the trademark’s uniqueness and compliance within the established criteria. Expect this process to take several months or even longer.

If your application is rejected, don’t give up right away. Many applications get rejected for relatively banal reasons. Consider hiring an attorney to go over your application and address any concerns raised by the trademark office.

Frequently Asked Questions (FAQ)

How Much Does It Cost to Trademark a Brand Name?

In the U.S., the cost of trademarking a brand name usually ranges from $350 to $750. The base fee for filing the initial application is $350 per class. This doesn’t include additional costs, such as attorney and maintenance fees.

Do Trademarks Have Limitations?

Though trademarking a brand name has many advantages, it also involves some limitations. For instance, most trademarks are geographically limited. Using your trademark in another country often involves a separate application.

Trademark registration and maintenance involve a lot of effort. The examination periods are often long, and enforcing your rights can be complex. Disputes and litigation are particularly costly and time-consuming.

Can Trademarks Expire?

Unlike copyrights and patents, trademarks don’t have a set expiration date. As long as they’re used in commerce and periodically renewed, you can maintain them indefinitely. The initial registration is usually for 10 years.

Can Two Companies Use the Same Trademark?

Yes, two different companies can use the same trademark. For this to happen, they must operate in different industries and geographical areas. There must also be no overlap in products or services that might confuse potential customers.

That said, there are some things to keep in mind. For example, both companies using the same marketing platform could lead to a legal conflict. Some trademarks also get broader protection, which could extend to unrelated services.

How Long Does It Take to Trademark a Brand Name?

The timeline for trademark registration can vary, but it usually takes a few months to a year. This depends on factors such as:

• Complexity of the application
• Backlog of applications
• Potential opposition

We Can Help You Protect Your Rights!

As a proactive way to protect your brand, registering a trademark should be a consideration for many businesses. If you’re still unsure how to proceed or want to increase your chances of success, your best bet is to hire an IP attorney.

At Berkeley Law & Technology Group, LLP, we can help you trademark a brand name and monitor your trademark portfolios. We specialize in serving Fortune 500 companies and helping startups develop world-class IP assets.

Our law firm has offices in Austin, TX, and Portland, OR. Contact us here for a free consultation or to learn more about our services!