Protecting Your Brand With a Trademark

Once you’ve selected a name and/or logo for your company, you can use a trademark or service mark to protect your business interests by regulating the use of your brand name. Both trademarks and service marks identify and distinguish anything that can be characterized by any combination of words, phrases, symbols, and designs; however, trademarks distinguish the source of goods while service marks refer to the source of services. Typically, the term “trademark” is used to refer to both types of marks. Putting a trademark (the “™” symbol) next to your logo distinguishes it from all other logos, and also shows that you are willing to prosecute any trademark violators.

While the U.S. Patent and Trademark Office doesn’t require you to register your trademark
(going from ™ to ®), registering your name is beneficial because it allows you to:

• notify the public of your claim
• establish legal presumption of your ownership of the mark and corresponding exclusive rights
• take legal action with regards to the mark in federal court
• use the registration to get further registration in other countries
• list your mark in the U.S. Patent and Trademark Office database
• record your U.S. registration with the U.S. Customs and Border Protection Service to prevent imports of infringing goods

Completing a Trademark Application Worksheetcan help you get organized before you apply for a registered trademark with the USPTO.

Laws on this topic may vary from state to state. This content is not meant to provide you with complete information and it is not intended to be legal or tax advice. It is recommended that you consult with your own attorney, accountant or other advisor regarding your specific situation.