Are you getting ready to start a business? One of the first things that you should be thinking about is trademark protection. This is the full legal shield that will extend around all of your various trademarks and other forms of intellectual property. Here are the 5 most important things that you need to be aware of.
1. Some Trademarks Are Stronger Than Others
One of the first things that you need to be aware of is the fact that not every name can be trademarked. It will be up to you to brand yourself with a strong, memorable, and unique name. The more unique your name is, the more likely it will be eligible for the full level of trademark protection.
2. Check to Make Sure Your Name isn’t Taken
Your next step should always be to make sure that the name you want to use has not been taken already. You can do a search at the database hosted by the United States Patent and Trademark Office (USPTO). This search will quickly let you know if the name you propose to use is available, taken, or too close to someone else’s for comfort.
If it turns out that the name is already taken, you have several options. You can simply brainstorm a new one and check again until you find one that is available. You can also attempt to contact the owner of the trademark and see if they will sell it to you. This option is a last resort since they are free to set a very high price for it.
3. The Class You Choose Will Matter
You will need to be very careful about the class of trademark that you choose. At the moment, there are 45 different classes of trademark. You will need to do a bit of research to make sure that you choose the right one for your various trademarked property. The level of protection you are entitled to will vary with each class.
It’s important to know in advance that you can’t switch the class of your trademark if you make a mistake. This will result in a great deal of wasted, time, and effort because you will have the start the process all over again. Be sure to choose wisely so that you can avoid making an error that will only result in a useless trademark.
4. Forming a Business Isn’t an Automatic Trademark
Many people think that forming a business entitles them to automatic protection for their various trademarks. You need to realize that this is simply not the case. The creation of a business gives you very limited trademarks in your state. But this level of protection will not apply outside the limits of your state.
Forming a business will not give you trademark rights in regard to your various taglines, logo, or other forms of intellectual property. Your best bet will always be to register your trademarks on a national basis through the USPTO. This is your guarantee of full trademark protection.
5. You Need to Act Quickly When Infringed On
The last thing that you should ever tolerate is any kind of infringement on your trademarked property. If you see someone coming out with a blatant steal of your trademarked material, you need to take action right away. Your best bet will be to secure the services of an experienced and professional trademark lawyer.
The sooner you do so, the sooner you can enforce your rights and put this embarrassing matter behind you. Trademark infringement is a hassle that can be hard to prove if you don’t have all of the legal documentation already on your side. People stealing your property can lead to all sorts of setbacks if you don’t act fast to nip it in the bud.
The Time to Trademark Your Business is Now
When it comes to giving your business the full level of protection that it deserves, trademarking is essential. This is a form of legal protection that will keep your unique identity safe from poaching by other entities. Trademarking is vital protection that no business can afford to be without. The time to register your trademark is now.
