Are you looking to make your business more legitimate? Then, it’s time to look into getting a trademark.
A trademark is an image, mark, or logo that gives your business identity. Whenever you register a specific feature or concept for trademarking, you signify to the market that these are particularly yours and you have certain liberties and responsibilities for having them.
In other words, it tells your fellow businesses that your ownership of a thing is recognized by law. This goes a long way in keeping your intellectual and physical property within your bounds. Plus, it tells the public you’re serious about presenting yourself as a unique provider of a specific good, service, or idea.
Registering your trademark is one of the biggest steps to both legitimizing and protecting your business. But to successfully register a trademark, there are many things you have to consider. Having a basic grasp of them should help you avoid costly and difficult legal disputes that ruin your reputation, drain your resources, and set your business back.
This quick rundown condensed some of them into a couple of handy do’s and don’ts. Consider checking them out to find out how to successfully register a trademark.
The Do’s
1. Do Choose A Trademark Very Carefully
The first must-do on this list is the biggest one. Be sure to choose a trademark that has yet to be used. Otherwise, you could unknowingly be infringing on someone else’s. Not only will this make it harder for you to register your own concepts but also leads to legal problems.
With government agencies going digital, researching trademarks is relatively fast and inexpensive. You can have it done by companies offering the same service, many of which you’ll easily find online.
Meticulously searching for your trademark doesn’t just apply to existing registered trademarks but also extends to other brands using similar ones without registering them yet.
You can use the ‘likelihood of confusion’ test. If your proposed trademark is too close to an existing one that some people will associate them with each other, it’s not good. Play it safe and make it unique.
2. Do File A Statement Of Use First
The process of registering a trademark can differ from one state or country to another. So, you should be checking with the relevant regulatory body to do it properly. Generally, though, most trademark laws will require you to do one thing first: file a statement of use.
This document proves you intend to use the trademark after registering it. After successful registration, the regulatory body usually sends a notice of allowance. You then have to file a statement of use within six months of receiving it to ensure no one else gets the same thing.
3. Do Monitor Your Trademark
Third is the matter of trademark monitoring. Registering your trademark gives your business protection in the sense that you have sole rights over a specific thing. Should anyone use the same trademark as yours, you have the legal right to claim and enforce ownership.
However, this doesn’t mean you can leave it as it is. At least once in a while, check that your trademark isn’t used (and abused) by a third party.
Should you receive notice that your trademark is being used illegally by somebody else, take action immediately. This isn’t something you should sleep on. After all, you spent money, time, and effort to register your trademark, so it’s just right for you to exercise your rights over it.
4. Do Have A Distinctive Trademark
If you really want to shape your identity and stand out from others, it’s important to keep trademarks distinctive. To meet this standard, check that your proposed trademark at least meets these criteria:
- Suggestive
- Arbitrary
- Generic
- Descriptive
- Fanciful
A good trademark adds value to your business name and brand. Don’t settle for something similar to your competitors. As much as possible, use it to show what makes you different from them, especially if you’re in a highly competitive market.
The Don’ts
1. Don’t Skip Hiring An Attorney
No matter how long you’ve been in business and how seasoned you may be with trademark registration, this doesn’t mean you can’t work with a trademark registration lawyer.
This professional can review your documentation to ensure originality, keeping you out of trouble due to a couple of small details you might overlook. Navigating trademark laws can be tricky. So, it’s best to work with someone who can help you move through the gray areas with ease, especially when you’re still starting out.
2. Don’t Use Generic Terms
There are so many terms you can use for trademark registration that there’s no reason to use something generic. By definition, this refers to a term commonly associated with a specific good or service. Regulatory bodies make it a point not to cater to registrations for such terms.
Popular examples of these include smartphone, Xerox, and social network. These are practically household names. So, there’s no point trying to make them specifically yours.
3. Don’t Ignore The Renewal Period
After filing your claim for trademark registration, your business will be granted rights and ownership over the design, words, phrases, and names you’ve registered. This ownership is absolute, but it’s also time-bound. You’ll have to abide by the mandatory renewal period to maintain ownership and control over said trademarks.
The responsibility of staying on track with compliance and submissions rests in the hands of the trademark holder. So, be sure to renew on time if you don’t want to lose ownership.
4. Don’t Wait It Out Before You Register
Once you have the clear intention of having ownership and authority over a specific trademark, register it as soon as you can. Waiting it out may be a matter of convenience for some. But you put yourself at risk of losing rights over the trademark if someone else does it first. Note that unregistered trademarks don’t give you any right to file disputes against those who do register.
Better Get Started
Given the importance of trademark registration, it’s important to know what you should and shouldn’t do to avoid big and costly mistakes. Most importantly, consult experts, like trademark attorneys, to get more advice. There’s no better time to do it than now.
