Branding Your Business

Common Q & A:

What Is a Trademark & How Do You Get One?

• A trademark serves as a distinctive marker that indicates the origin of goods and/or services. When you obtain a product name or business name and create a "business entity" with a unique brand logo and/or identifying label, it is referred to as a "trademark." Trademarks can be secured by utilizing your mark or name in commercial activities. These distinctive symbols are formally registered with the U.S. Patent and Trademark Office (USPTO) and enable the trading of a company's goods and/or services. 

What If You Do Not Register Your Trademark?

• There is no legal obligation to officially register your business trademark with the USPTO. Nevertheless, opting not to register your trademark exposes it to potential use by other entities. While there might be some limited protections available through state or county authorities, these safeguards are not universally guaranteed and may only be applicable within the jurisdiction of your registration. 

• Another aspect to take into account is that when you file for a trademark with the USPTO, it grants you the chance to prohibit another individual or organization from using your company's name or mark on a nationwide scale. 

Benefits of Registering Your Trademark:

• National Coverage: Registering your trademark will integrate your company into the nationwide registry system. 

• Other entities are less inclined to use your name or brand when it carries federal enforcement implications. 

Not All Trademarks Are Approved

• It's crucial to bear in mind that the USPTO has the authority to reject your registration request. One common reason for denial is if the name is overly confusing or if you are attempting to trademark a generic business description. For instance, consider the name "Ben & Jerry’s Ice Cream Shop." In this case, the name includes too many vague identifying elements and seeks to trademark the generic term "Ice Cream Shop." This would restrict other businesses from using the words "ice cream shop," potentially impeding commerce. However, by removing the generic descriptive words and applying for a trademark solely for "Ben & Jerry's," it would be a more suitable application and is likely to result in trademark approval. 

How To Get Started:

• To initiate the process of obtaining a trademark, your first step should be to ascertain its availability. To do this, begin by conducting a thorough search on the USPTO website. It's important to note that these searches may require a significant amount of time to yield results. We advise you to approach the search with the understanding that it may take several hours, days, or even weeks to obtain your results.