Why trademark registration is essential for every business

From the outset, it is worth addressing the common misconception that trademark registration is only necessary for businesses of certain sizes and industries. All businesses can benefit from acquiring trademark registration as a key branding move that will protect a product line or service for as long as the trademark registration is properly maintained. This can promote revenue growth at the early stages of operations. In fact, the best time for a brand to apply for trademark registration is often before it has made a single sale. This establishes filing priority and ensures the business is built on a solid foundation.

The trademark can be a nascent company's first asset that is proven to increase a company's profits. This makes sense given having a registered trademark is the only means of legally establishing a brand name. Owning a brand name allows the company to maintain consistent branding over the years, grow its reputation and goodwill, strengthen brand identity, and increase consumer awareness and loyalty.

Trademark considerations for new and established businesses

Starting any business off on the right foot must include some consideration of trademarks, and the sooner the better. Trademark applications can be filed on an "intent-to-use" basis, meaning you do not have to be in business to file an application.

Within already established businesses, new developments such as a new product line, overseas expansion, or a rebrand will likely trigger a necessity to consult with a trademark attorney.

Trademark due diligence is also a vital part of a merger or acquisition. This includes conducting a comprehensive analysis of the target company's entire trademark portfolio to assess the marks' strength and market value, as well as any potentially infringing marks, pending oppositions, or upcoming deadlines. Due diligence is best performed by a trademark attorney who can accurately assess the value of the marks, as well as identify potential liabilities.

Protect your franchise investment: Why trademark registration matters

As a business owner looking to franchise, it's important to understand that the Federal Trade Commission's Franchise Disclosure Document (Item 13) requires certain disclosures about the franchisor's trademark rights. Specifically, the registration status of the franchise's trademarks must be disclosed. If no trademark is registered or pending, the franchisee must be informed that if the trademark is challenged, they may need to switch to an alternative trademark, which could result in additional expenses. This means that operating your franchise without a registered trademark could ultimately affect your investment. Therefore, it's crucial to consider trademark registration early to protect your brand and avoid future complications.

Fashion branding: Why emerging designers need trademark protection

Despite the immense role brand names play in the fashion industry, emerging designers often overlook the necessity of trademark protection when starting a brand.

It is common for fashion brands to adopt the designer's full name or surname as the brand name; however, this creates certain challenges pertaining to trademark registration. Using a personal name in place of a creative brand name is deemed "descriptive" and lacks the distinctiveness necessary for trademark registration. In this case, the brand must acquire distinctiveness. Acquiring distinctiveness is shown by a minimum of five years of consistent use, marketing, and visibility, leading to "secondary meaning." Secondary meaning is key and can be shown with evidence such as sales figures, media presence, and consumer reviews, to name a few.

Securing trademarks: A smart move for musicians and influencers

As a business owner in the entertainment industry, you can benefit from trademark protection in ways you might not immediately realize. For example, if you're a musician or in a band, securing a trademark for your stage name or band name is important not just for music services, but also for any merchandise you sell, such as T-shirts, posters, or other branded items. Even if your stage name mirrors a personal name (e.g., "Katy Perry"), you may need to demonstrate that the name has acquired "secondary meaning" in the marketplace.

Similarly, influencers, who often promote other brands, might also sell their own branded merchandise, which can include popular slogans or taglines. These slogans can serve as identifiers of your brand and should be trademarked to ensure exclusive use. Taking these steps early can help protect your brand identity and avoid costly legal challenges down the road.

Preserve your business legacy with trademark protection

Trademark registration is like estate planning. A trademark can exist in perpetuity as long as it is properly maintained, and can eventually be sold or passed along to future generations by way of a will or a trust.

Protect your brand and expand confidently with trademark registration

The United States follows a "first-to-use" system, meaning the first person or business to use a trademark in commerce generally has the rights to it, even without registration. However, relying on these common law rights has significant limitations. Without registration, your ability to expand your business geographically or into new product lines may be restricted. If you can't prove you were the first to use the trademark, you could face legal disputes, rebranding costs, and potential damages.

Registering your trademark provides nationwide protection and exclusive rights to use it for your goods or services. It also gives you the ability to enforce your rights against infringers and seek compensation if necessary. By addressing trademark registration early, you safeguard your brand, avoid costly legal issues, and increase your business's value and credibility.