Joshua Julien Brouard
07 November 2024 • 10 min read
As a small business owner, your brand is one of your most valuable assets.
A unique and recognizable trademark differentiates your products or services from competitors and helps build customer trust and loyalty.
However, without proper protection, your trademark could be vulnerable to misuse or infringement, harming your business's reputation and revenue.
In this guide, we'll walk you through the steps to secure your brand, including:
By the end, you'll know how to safeguard your business and what to do if your trademark rights are violated.
Choosing a strong trademark is the first step in protecting your small business from infringement.
A trademark's strength depends on its distinctiveness, which is crucial for its ability to be legally protected and enforced.
There are four categories of trademark strength to consider: generic, descriptive, suggestive, and arbitrary/fanciful.
Choosing a strong trademark at the outset will ensure that your brand is not only memorable, but also easier to protect, saving you time and legal costs in the long run.
Trademarks aren't limited to just business names or logos. They encompass a variety of elements that help distinguish your business and its offerings from others in the marketplace.
Understanding the types of trademarkable works will help you identify what parts of your brand can be legally protected.
Here's a look at the main categories eligible for trademark filings:
By understanding the different types of trademarkable works, you can strategically decide what aspects of your brand to protect, ensuring comprehensive legal coverage and stronger brand recognition.
Want to learn more about trademarks? Then read our detailed guide “What Is a Trademark?.”
Owning a registered trademark is just the beginning of protecting your brand. To maintain exclusive rights, you must actively use the trademark in commerce.
A failure to use your trademark could lead to a loss of rights, making it vulnerable to cancellation or infringement.
This concept is known as "use it or lose it," and it's crucial for small business owners to understand the implications.
Trademarks are designed to identify the source of goods or services and build a reputation in the marketplace.
If a trademark isn't used consistently and properly, it may lose its distinctiveness, making it difficult to enforce against infringers.
The law requires that trademarks be used continuously, demonstrating that they actively distinguish your business's offerings.
Proper use of a trademark means using it in a way that makes it clear to consumers that it represents your brand. Here's what it involves:
Abandonment occurs if a trademark hasn't been used for three consecutive years with no intent to resume its use.
In such cases, the trademark can be considered legally "dead," opening the door for other businesses to claim the same or similar mark.
To prevent this, ensure your trademark is in active use and periodically review its usage to ensure compliance.
Another way to lose your trademark is through improper use by others.
If third parties use your mark without permission and you don't take action, it may become diluted or even generic. Monitor your trademark's usage regularly and act swiftly to stop unauthorized use.
In short, once you have a registered trademark, maintain its integrity by:
Doing so will preserve its value and ensure that it continues to protect your brand.
(Unsure if a small business trademark is worth it? Then read our guide “Is a Trademark Worth It for a Small Business?”)
Registering your trademark is crucial in securing your brand's identity and ensuring that you have exclusive rights to use it in connection with your products or services.
While using a trademark in commerce offers some level of "common law" protection, formal registration provides nationwide coverage and stronger legal rights.
Instead of navigating the registration process alone, Trademarkia can simplify the process for you.
Here's how you can register your small business's trademark through Trademarkia:
Before registering your trademark, conduct a comprehensive search to ensure that your mark is unique and not already in use by another business.
(You want to avoid accidental trademark infringement, after all!)
Through Trademarkia, you can conduct a free trademark checker.
This step is crucial to avoid legal disputes or rejection during the application process.
Trademarks are a form of intellectual property that are categorized into different classes based on the type of goods or services they represent.
Determining which class or classes your business falls into is essential, as this will dictate how your trademark is structured and protected.
And if you find it difficult to select the right classes:
Our attorneys can help guide you select the appropriate class to ensure full product and service coverage.
Now it's time for federal trademark protection.
Our platform simplifies the preparation process by guiding you step-by-step.
You'll need to provide essential details such as:
Our system helps avoid common pitfalls that can delay applications, ensuring that your submission is accurate and complete.
Trademarkia will file your trademark application with the United States Patent and Trademark Office (USPTO) on your behalf.
(You don't need to navigate the complex filing system alone.)
Simply select your package and upload the required documents, and Trademarkia will handle the trademark registration and submission process for you, including selecting the correct application form and paying the necessary filing fee.
After completing the filing of your federal trademark, the USPTO will review your application.
If the USPTO issues an Office Action—formal letters outlining any issues with your application—Trademarkia will notify you immediately.
Instead of responding on your own, Trademarkia's team of experienced trademark attorneys can help:
If your application passes the initial review, it'll be published in the Official Gazette for a 30-day opposition period. During this period, other parties can challenge your trademark if they believe it infringes on their rights.
Our team monitors this process and will alert you if any oppositions are filed.
With Trademarkia's support and expertise in trademark law, you'll be prepared to address any challenges effectively.
Once your trademark clears the opposition period and all issues are resolved, the USPTO will issue a registration certificate.
If you filed an Intent-to-Use application, Trademarkia will help you file a Statement of Use to show that your trademark is actively being used in commerce before final registration.
Trademarkia will also assist in maintaining and renewing your trademark.
You must file a Declaration of Use between the fifth and sixth year of registration to confirm that the trademark is still in use.
Additionally, Trademarkia will remind you when it's time to file renewal documents every ten years, helping you avoid lapses that could jeopardize your rights.
Using Trademarkia to file and manage your trademark ensures that every step is handled professionally, saving you time and reducing the risk of costly mistakes.
This allows you to focus on growing your business while knowing your brand is well-protected.
If your trademark is infringed upon, the first step is to confirm the infringement by assessing whether the other party's mark is similar enough to cause consumer confusion.
Gather evidence like:
Next, send a cease-and-desist letter to formally request that they stop using your mark—often resolving the issue without further action.
If the infringer responds, consider negotiating a settlement, such as rebranding or compensation.
If they ignore your letter or refuse to cooperate, you may need to file a lawsuit to seek injunctions or damages.
Finally, monitor your trademark regularly to catch any future infringements early. Quick action will protect your brand and uphold its value.
Not sure how to get the process started? Our expert team will gladly assist with these problems, including if you're looking at a trademark infringement lawsuit.
Navigating trademark protection can be complex, but you don't have to handle it alone.
Consulting with a trademark attorney can ensure your business's brand is registered correctly, enforced, and defended against infringement.
Whether you need help filing a trademark, responding to Office Actions, or addressing infringement, an experienced attorney can guide you through the process, minimize risks, and save valuable time and resources.
Protect your business's reputation and success—reach out to a trademark attorney today to secure your brand's future.
Yes, small businesses should consider trademarking to protect their brand identity and prevent others from using similar names or logos. A trademark secures exclusive rights, helping build and maintain a distinct reputation in the marketplace.
Yes, you can use your logo before it's trademarked, but it won't have legal protection until the trademark is registered. This means you run the risk of another business claiming rights to a similar logo in the meantime.
It depends on your brand's focus—trademarking a name is generally recommended if your name is unique and central to your identity. If your logo is more distinctive or used independently, trademarking it can offer more visual protection.
AUTHOR
Joshua J. Brouard has a diverse background. He has studied bachelor of commerce with a major in law, completed SEO and digital marketing certifications, and has years of experience in content marketing. Skilled in a wide range of topics, he's a versatile and knowledgeable writer.
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