Whitcomb, Selinsky, PC Staff
Whether you are thinking about starting a business, are new to the business, or have operated a business for some time, if you are wondering, "When do I need a trademark?" the answer is probably right now!
It is recommended that a company register its trademark as soon as possible, ideally before using the mark in commerce.
This is because trademark registration provides legal protection and establishes ownership, which prevents others from infringing on the mark.
Registering a Trademark Before You Start Using It
In the United States, a company can file a trademark application on an intent-to-use basis. This allows you to reserve your trademark before you start using it. This is a good option for companies still in the planning stages or have yet to launch their products or services.
Generally, it is a good idea to consult with a trademark attorney as soon as possible to determine if you need a trademark and to guide you through the registration process.
A trademark attorney can conduct a comprehensive trademark search to determine if the mark is available for use and registration, and they can advise you on the best strategy for protecting your brand.
Registering a Trademark After You Have been Using it for a While
For established companies using an unregistered trademark for a while, it is not too late to register it! It is essential to do so as soon as possible.
There are some "common law" rights for unregistered trademarks in actual use, but these rights can be limited.
It is also essential to act quickly to ensure that your mark is not already registered by someone else or subject to other legal issues that could impact your ability to use it in the future.
The trademark registration process for established companies can be more complex than for new companies, especially if the mark has been used for a significant amount of time. It is usually best to have a trademark attorney guide you through the process and help you protect your company.
Reasons Why You May Need a Registered Trademark
You may need and benefit from a registered trademark for various reasons. Here are some examples:
Protecting Your Brand and Reputation
Trademarks protect a company's brand and reputation by preventing others from using similar marks that may confuse consumers. A registered trademark provides legal protection and allows a company to take legal action against anyone infringing on their trademark rights.
Enhancing Brand Recognition
A trademark is a valuable asset for a company because it helps build brand recognition and goodwill. Consumers associate the trademark with the quality of goods or services you offer. Your trademark also helps distinguish you from your competitors.
Establishing Ownership
Registering a trademark provides a legal presumption of ownership of the mark. This means that other parties cannot claim or use the mark without permission. It also makes it easier to take legal action against infringers.
Licensing and Franchising
A registered trademark can be licensed to other companies or individuals for use in their business operations. It can also be used to franchise a business, allowing others to use the trademark in exchange for fees or royalties.
International Protection
Trademark registration provides protection only in the country where it is registered. If you plan to do business in multiple countries, it is important to register your trademark in each country to ensure that your brand is protected.
Getting Legal Assistance with Trademarks
Generally, it is usually a good idea to consult with a trademark attorney as soon as possible to determine if you need a trademark and get help with the registration process.
We invite you to get a free consultation with the Trademark Law legal team at Whitcomb Selinsky, PC. Call (866) 433-4116 or click here to use our convenient online form to tell us how we can help.