6 Things to Consider If You’re Ready to Trademark a Brand
When it comes to business, one of the most important things you can do is protect your brand. And one way to do that is through trademarking. But before you take the plunge and trademark your brand, there are a few things you need to consider.
1. What is the Purpose of Trademarking Your Brand Name or Logo?
When branding your business, trademarking your name or logo is essential for protecting against misuse and defending your brand from copycats. A trademark name search will help you determine whether the name or logo you have chosen is already trademarked by someone else. If no trademark exists for a particular mark, you can register it with the government to protect it from being used by anyone else.
Registering also gives you legal recourse if another brand uses a similar trademark, which could confuse customers about who owns the trademark. Additionally, registering your trademark provides you with national and international protection, meaning that even if someone in another country registers the same trademark, they still cannot use it while yours remains under legal protection.
2. How Much Does Filing a Trademark Application With the USPTO Cost?
When you decide to protect your intellectual property and file for a trademark, one of the first things you’ll want to consider is how much it will cost you. Trademark applications with the USPTO can vary in cost depending on the type of application you’re filing and the complexity of your claim.
Generally, filing an initial application to register a standard character mark starts at $250 per class of goods or services. If someone else has already registered or applied for the same mark, you may need to take additional steps that could increase your filing costs significantly.
You may also choose to use an attorney or other service provider to help guide your trademark process, which could also add additional fees. The patent office also charges renewal fees every ten years to keep an active status on your trademark registration.
3. Where Should You File Your Trademark Application?
When registering a trademark, you must consider where you register the mark. Most businesses file for trademarks with their home country first, as this is often where their primary market exists.
Some countries have agreements allowing businesses to extend their trademarks’ protection across borders. Looking into these agreements could be beneficial if you’re doing business in multiple countries. For more complex or global branding needs, consult a professional to help determine the best course for registering your trademark.
4. Common Mistakes People Make When Filing for a Trademark
People make a few common mistakes when filing for a trademark, and taking steps to avoid them can save you time and money in the long run. One common mistake is failing to thoroughly search before applying for a trademark. This can result in your application being rejected if another business already uses a similar mark.
Another mistake is using a generic term or phrase in your trademark. These are not eligible for protection, so choosing something specific to your business is important. Finally, register your trademark with the USPTO within six months of using it on goods or services. If you do not, you could lose your rights to the mark. By taking these steps, you can help ensure that your trademark application is successful.
5. How to Enforce a Trademark Against Infringers and Copycats
When an infringer uses a similar mark without permission, it can dilute the trademark’s value and confuse consumers. To enforce a trademark, the owner must first identify the infringer and send a cease and desist letter.
This letter puts the infringer on notice of the infringement and allows them to stop using the mark without facing legal action. If the infringer does not comply, the next step is to file a lawsuit. This can be costly and time-consuming, but it is often necessary to protect the trademark’s value.
6. What is the Process for Filing a Trademark Infringement Lawsuit?
The process of filing a trademark infringement lawsuit involves several steps. First, you must file a complaint with the court and serve it to the defendant. The complaint should include all relevant facts and legal theories that support your claim. After the defendant has been served, they can respond to the complaint by filing an answer.
Depending on the particular facts of your case, you may also be required to engage in pre-trial discovery and attend a settlement conference. Once all necessary documents have been exchanged, a trial date will be set.
Both parties will present evidence and arguments to support their positions at trial. The court will then make a ruling on the dispute. Depending on the outcome, either party may have to pay damages or other remedies as determined by the court.
Bottom Line
When it comes to trademarks, it’s important to research before applying and ensure you understand the process for enforcing a trademark against infringers. By taking these steps, you can ensure that your trademark is protected and that you can pursue legal action if necessary.
