Trademarks 101: When and How Should a Company Obtain a Trademark?

In today’s article, we discuss when and how a company should obtain a trademark. This article is the third in a 5-part series that explains the basic concepts of intellectual property protection that every business needs to consider.

A trademark is a legally registered symbol, logo, or word that represents a brand or company and distinguishes it from others. It is a crucial aspect of any business that aims to establish a strong brand identity and protect its products or services from infringement. In this blog article, we’ll explain what trademarks are, when and how a company should get one, and the importance of trademark registration.

What is a trademark?

A trademark is a symbol, word, phrase, design, or combination of these that identifies and distinguishes the products or services of one company from those of another. Trademarks can include logos, names, slogans, and even colors and sounds. For example, the “swoosh” symbol associated with Nike, the name Coca-Cola, and the phrase “Just Do It” are all trademarks of those companies. Click here to learn about other newsworthy trademarks.

When should a company get a trademark?

A company should consider getting a trademark as soon as possible to protect their brand and product from infringement. This is especially important for businesses that have a unique name, logo, or product that sets them apart from their competitors. If a company waits too long to register their trademark, they risk losing their ability to do so and may face legal issues if another company begins using a similar trademark.

How to get a trademark?

Getting a trademark can seem like a complex and time-consuming process, but it is essential for protecting a company’s brand and products. The process typically involves the following steps:
1. Search the Trademark Office database: Before filing a trademark application, it is essential to conduct a search to ensure that the desired trademark is not already in use by another company.
2. Choose the right trademark class: Companies must choose the correct trademark class that corresponds to the products or services they provide. There are 45 different classes, so it is essential to understand which one is appropriate for your business.
3. File a trademark application: Once the trademark has been chosen and the search has been conducted, the company can file a trademark application with the appropriate government agency, such as the United States Patent and Trademark Office (USPTO) in the U.S.
4. Wait for approval: After the trademark application has been filed, the company must wait for approval. This process can take several months or even years, depending on the complexity of the application and the backlog of the trademark office.

Why is trademark registration important?

Trademark registration is crucial for several reasons:
1. Legal protection: A trademark gives a company legal protection against others who may try to use a similar trademark. This means that if another company tries to use a similar trademark, the original company can take legal action to stop them.
2. Establishing brand identity: A trademark helps a company establish a strong brand identity and sets it apart from its competitors. This can help the company build a loyal customer base and increase its visibility in the marketplace.
3. Licensing opportunities: A trademark can be licensed to other companies, which can help the original company generate additional revenue.

Conclusion

A trademark is a crucial aspect of any business that aims to establish a strong brand identity and protect its products or services from infringement. Companies should consider getting a trademark as soon as possible and follow the necessary steps to register it with the appropriate government agency. Trademark registration provides legal protection, helps establish brand identity, and opens up licensing opportunities for companies.