How a Trademark Protects Your Business

You will want to protect your business reputation as soon as you can. There are several legal options to help you protect your reputation and brand, but a trademark is one of the most powerful.

Major Benefits of Registering a Trademark:

• Having a U.S. registered trademark will make it easier for you to get international protection for your trademark in some countries.
• You will have a clear legal tool to stop competitors from using your mark and taking advantage of your reputation and brand recognition.
• A U.S. trademark will give you protection in all 50 U.S. states, which means you don’t have to worry when you grow your business into other states.
• You can always file an international trademark as well (more on that in a subsequent post)

Why & How to Register a Trademark

A trademark might sound a bit complicated and vague at first, but it protects exactly what it sounds like, the mark of your trade. When you are in business, you want to be sure that people associate only your brand name with your quality of service and goods. If you realize someone else is using your same business name, they might be taking advantage of your business reputation. But be careful, there’s always the chance that you didn’t do a thorough search of other business names before you started your own business and perhaps you unintentionally started using someone else’s business name!

One of the best things to do before starting a business is to contact an attorney who specializes in trademarks and can assist you in making sure the name you worked so hard to choose is not already owned by someone else. A good business lawyer who has experience in trademarks can help you consider different names if there appears to be a potential conflict. He/she can also assist you in filing a trademark to protect your good business name.

Getting a trademark can be a complicated process. You will want someone familiar with the lengthy process making sure everything is done right the first time. In the end, hiring an attorney will save you both time and money. If you try to file on your own but do not get your trademark application approved, you could be in for a lot of expenses that yielded you absolutely nothing. The US Patent & Trademark Office (USPTO) does not give refunds for applications that do not go through, nor do those DIY options that try to convince you that you can register a trademark for a ridiculously low sum of $79 (or even less in some ads).

Responding to an Office Action Response

It is very possible after you or your attorney file your trademark, you receive what is called an Office Action (OA) from the USPTO. An Office Action is generally some form of objection to your registration from the examining USPTO attorney. It is very normal and is not a cause for concern, as long as you know how to properly respond to the Office Action. If you did a sufficient search at the beginning of the process for any trademarks that might be in conflict with your own, then the Office Action will most likely be a request for additional evidence of your mark in use or perhaps additional information about the origin of the name. Though, this process, like the rest of the trademark registration process, should be given a lot of attention to detail. It would be advisable to get an IP/business lawyer comfortable with trademarks to respond to any Office Action if you do not already have one, otherwise, you may risk losing your money and your trademark registration.

Different Classes and Filing Basis

You can still file to register your trademark even if you are not yet using it in business. Though, you will need to do a 1B filing basis (as opposed to 1A filing basis), which simply means you need to pay an extra fee (typically about $125) and that you intend to use your mark in business in the next six months. Also, you can likely pay a lower fee overall for your trademark if you can meet certain requirements by the US Patent & Trademark Office. You can file for the cheapest registration form (the TEAS Plus form) if your trademark falls under a good/service already described in the US Patent & Trademark Office Identification Manual. Chances are high that it does. So for instance, if you are trying to trademark your brand name for goods that are “dietary supplements for human consumption,” which is a category already listed in the USPTO Identification Manual, then you can list under that category and potentially save yourself significant money.

If you’re interested in filing a trademark or other startup legal matters, contact me at my firm email: Michael@RamosLynchLaw.com

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