Do I Need A Trademark?

A trademark, or brand name, may include a name, word, phrase, device, symbol or a combination of these that is used or will be used in business to identify and characterize goods from goods made or sold by others and to show the good’s source. A trademark is an intangible asset that builds a company’s value and typically identifies a business logo that is connected with the business to distinguish it from other businesses and also provide the business products’ origin. Some examples of trademarked items include ‘Coke’ and the ‘M’ logo of McDonalds.

There are also non-traditional trademarks that identify a product or service that is offered by a company. These do not necessarily contain a word, symbol, letter, number or logo. This type of trademark can include signs such as colors, shapes, moving images, textures, sounds, scents, tastes or non-visible signs.

A trademark is needed to protect a name, stopping anyone who tries to register or use a similar mark. The holder of the trademark has priority when it comes to any conflicts between businesses that have similar or the same names. If there is anyone who is trying to register a name that intrudes on your current trademark, you may successful shut it down based on the registration of your trademark.

To effectively prevent the unauthorized use of a trademark and have legal protection, the trademark must be registered. To officially claim the rights of a trademark in the United States; the mark must be registered with the United States Patent and Trademark Office. Once it has been accepted, it will be renewed once every ten years. Because a trademark is legally registered, it can only be used by the creator or owner of the company or the business that registered it. This brand may continue for hundreds of years, even centuries, while all along building value.

Applying for a trademark costs between $200 and $300 and there are particular steps to follow.

1. Trademark search. Before an application is filed, you must find out if the name is available or if it interferes with another name. This search can be performed with trademark search services.
2. Trademark application. If there are no conflicts with the name, the application can be prepared and filed. Any objections must be taken care of to get the application through this process successfully.
3. Protect and monitor the trademark. Once the registered mark has been issued, it is a good idea to keep up with renewal information and monitor it for any conflicts or infringers.