Convince the Boss!
Need to explain to your boss why a trademark is so important?
Use this fact sheet to convince your boss to take proper care of your company name, slogan or logo!
- Your company’s intellectual property rights are a fragile asset.
- If you are first to use the name – register it as a trademark! Gain broader rights before someone else’s use of a variation constricts your rights.
- If you don’t protect long held names, you will lose your intellectual property rights to any infringers, if you allow them use the name, or variation over 5 years!
- It is much easier to ask someone to change their business name when you can show your registered trademark!
Save tens of thousands of $ in legal fees and months or even years of time arguing. Your trademark is evidence of first use. Either the other company beats your dates of first use or they don’t. The proof is on them.
Is it required that we register our business name?
No but registering your business name, specifically a Federal trademark, does provide you with several smart advantages:
- The right to use the (r) symbol to demonstrate Federally registered ownership of your name, slogan or logo.
- The exclusive rights to the name within your industry throughout the USA.
- Establishing brand identity, an asset for every business.
How do I make sure the name is available?
While the name may be unique and distinctive to you, there is a real possibility that another entity already has prior Federal or State trademark or common-law rights to the name for your industry. Before you invest time, money and effort into a name, comprehensive research is needed, before filing for a Federal or State trademark. Only comprehensive research will tell you if the name is truly available.
Here are 2 important reasons research is a necessity :
- It’s Our Responsibility – It is up to each business owner to ensure that the name they are using is not infringing upon another’s Federal or State trademark as well as any prior Common-Law rights. While some governmental agencies (e.g. County Clerks, Secretary of States, the US Patent and Trademark Office) will conduct their own research, it is quite limited in scope.
- It’s for Our Benefit – In an ever-expanding marketplace, the competition amongst businesses has become fiercer. Overcoming the obstacle of reaching consumers is but one small step. Now, once that first contact has been made, how you get a consumer to purchase and/or come back to you is a larger hurdle. Brand recognition will be a major asset to you in this area.
Let’s look at it from the point of view of most consumers’ shopping habits – several visits to different stores, sites, etc. in order to compare and contrast. Ensuring that your name is legally available means that customers will not confuse your products/services with another party’s products/services and thus, guaranteeing that when customers look your business up by name, they are finding you and not your competitor
Can’t we just look in Google and Yahoo?
Yes, start there to see if you can find something. If so, call us, because TradeMark Express offers free consultations. If not, keep looking for variations in sound, appearance and meaning. A similar name is much more likely to affect your legal use, than a conflict. THEN, if seeming clear hire us to do a comprehensive search in over 6500 paid business databases because – If Your Research Isn’t Comprehensive – It Isn’t Done!® Then we’ll prepare your trademark application so it will go through the registration process at the USPTO the first time, without delay.
Call TradeMark Express today for a free consultation!
We’ll even talk to the boss!
17 Name Research Myths
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