Every brand you see around in shops, social media, or physically got trademarked before being released to the market. Whether you are an investor, entrepreneur, or opening up a business, trademarking makes your concept an intellectual property and protects it. Trademarks help set brands apart, protect business names, and make them unique.
Every time you use a trademark, your company or product is secured, and anyone who uses such illegally leads to an infringement and might cause legal proceedings. This article will explain what a trademark is, why they matter, how to get one, and the protection and benefits they deliver. Read on to find out more.
What are Trademarks?
A trademark is a symbol, sign, drawing, phrase, word, or anything representing a brand or business. It’s marked or booked to distinguish it from others or prevent people from mistaking it for another brand or company. Part of the many advantages is that trademarks protect businesses from the start until they legally dissolve the trademark.
Although there are common laws to distinguish trademarks, it is crucial to register yours to protect your brand or business. Regardless of the company or venture you own, this protection assures you to be the eligible owner of the trademarked item or service.
How do you get a trademark?
Getting a trademark is a complicated process, but its benefits reward the process. First, you have to find a unique name, symbol, Art, drawing, or something that will represent your business but has never been trademarked by someone else.
To fully understand how this goes and ensure you get the processes right, it’s essential to hire patent and trademark attorneys competent with all the steps required to get trademarked. The lawyers also help you when someone uses your trademarked idea and can follow your case to see you compensated for damages.
Your lawyer will search and match to ensure your logo has never got trademarked, will apply, and ensure the registration process is successful. Once trademarked, your lawyers will also help maintain the status quo as long as you need your mark.
Why are trademarks important?
It is okay creating a business name and using it to run your business without trademarking it. But what if, in a few years to come, you find another company with the same name, selling similar products? Of course, you will feel played. That’s one advantage of trademarking your business. It enables you to protect your business name against unauthorized use by the public.
Trademarking also sets you out among your competitors and enables your audiences to identify you by your name. When you set your brand uniquely, you won’t have fraud cases or having other rising businesses under your name.
With the trademark, you can defend and protect your business since you have the documents and evidence showing you are the eligible owner. With all these processes, you can establish your brand without worrying if you share your name with other people.
What protections do trademarks provide?
With a trademark, you can protect your brand from infringement and damages from other parties. With it, you can have the power to sue anyone who doesn’t respect it or uses it unlawfully. However, most countries give trademarks by default, and it’s crucial to register yours to have more power.
With registration, you can provide notice to the public about the trademark, have the exclusive right to manufacture, distribute and sell the goods and services under the brand, and have the ability to sue individuals who misuse the copyright. The trademark registration also enables you to get protected in a foreign country and prevent fake goods and services from coming with your name.
There are several questions asked by individuals who would want to register their businesses or services. Some of these include:
- Can businesses share trademarks? Companies cannot share registered trademarks if selling the same products. However, some laws allow sharing a name or logo when these businesses sell different, unrelated products.
- Which laws protect trademarks: Trademarks are protected by common, federal, or state laws.
- How long does registration take? It depends on the country. But on average, it’s 10 to 16 months to have the registration complete. However, when the process is going on, you can use the TM mark to mark your territory to competitors.
- What if not using the mark? When not using the mark, you can still register it.
Anyone can apply for a trademark. But it is essential for any business, service provider, or content provider to register their businesses to give them an upper hand to protect their brands. It is effortless getting one. You only need to get a competent lawyer who will follow the processes to ensure the mark you chose is secured.