Whether you’re a small startup looking to make it big or a big company looking to launch a new line, trademarking is vitally important for protecting your brand from infringement.
A helpful way to think about trademarks is in terms of brand identity. This is exactly why we’ve talked before about the perils of not trademarking in your business: failing to trademark can cost you value in the form of brand recognition and identity.
With this in mind, here are 6 trademarking tips to help protect your brand and your business.
Tip 1): Identify What You Can Trademark
All trademarking is fundamentally about protecting your intellectual property, and that means you need to first identify your intellectual property.
Fortunately, this doesn’t have to be a difficult or painful process. To begin, sit down and make a list that includes every creative asset you own, whether you’ve used them or not. This could be anything from a trade secret to a logo you’ve drafted.
Once you have your list, decide what you’ll be trademarking, and if applicable, note where each item is in the process. You can return to this list and update it as you move forward.
Tip 2): Do Your Homework
Before you file an application with the United States Patent and Trademark Office (USPTO), you’re going to want to conduct thorough research to minimize the chances of trying to register a trademark that will be too similar to someone else’s.
You’ll want to make sure that neither the name you plan to use, nor the logo, poses any risk of infringement. The key reason trademarks are rejected is alleged likelihood of confusion, i.e. the USPTO determines that your trademark will probably be confused with someone else’s trademark.
There are trademark search tools to help you out here, and you’ll want to make sure you search the USPTO database first thing. You also might want to consider hiring professional help, about which we elaborate on below.
Tip 3): Words Before Logos (Usually)
Here’s a tip that may surprise you. When seeking to trademark, you are probably better off protecting your word marks, i.e. the word or sequence of words you are using for your brand, before you go about trademarking a logo.
There’s a very specific reason to do this. When you succeed in trademarking a word or a sequence of words, that trademark covers any usage of those words, regardless of color, font, size, etc.
The key exception to this is brand names that are descriptive, and thus not likely to qualify for trademarking. In that case, you may find it advantageous to trademark your logo instead of word marks.
Tip 4): Choose Good Marks & Be Ready to Choose Again
This is really two tips in one: you want to choose good trademarks that you can sell to prospective clients/customers, but you also don’t want to get too attached.
Choosing good trademarks is obviously important for brand identity. You want something that will speak to your customers and complement the brand identity you are seeking to build.
At the same time, it’s a good idea to not get too attached to any one prospective trademark. Many trademarks are turned down by the USPTO, and while you might not like or agree with their decisions, you’ll want to be able to adapt if things don’t go your way on the first attempt.
This is where having alternate or backup trademark names can really come in handy. Generate a few for each intellectual property you want to trademark, and be ready to fall back on one of those alternates if need be.
Tip 5): Know About the Qualifications
Not everything qualifies for trademark protection. As a case in point, functional features cannot be trademarked. You also need to be fairly unique: you cannot trademark a common word or phrase that other people are fairly committed to using.
Tip 6): Hire a Trademark Attorney
By far the best thing you can do to smooth the process of filing for a trademark without running afoul of trademark infringement law is to hire a trademark attorney. This is important for ensuring your best chance of success in your application process, and for developing a strategy to protect your brand once your trademarks are approved.
Filing for a trademark and getting one approved typically involves a great deal of back-and-forth between you and the USPTO. After all, they need to make sure they understand what exactly you are trademarking, and that means lots of requests for information.
A trademark attorney can help you by handling all of this back-and-forth. Once you’re approved, they can also help you develop a strategy to protect your trademark and all of your hard work.
