Safeguarding Your Trademark Rights
Trademark symbols are all over the place, from website terms-of-service contracts to cereal boxes. Despite their prevalence, many small business owners find trademarks confusing.
You might wonder how crucial it is to have a trademark, how much it costs, and how to protect it. While the importance and cost can vary, the key to protection is always the same: be prepared and stay vigilant.
Here are some tips to help you safeguard your trademark:
The initial step in protecting your trademark starts early on, during the process of choosing the name or phrase you want to trademark:
– Understand that the more descriptive your trademark is of the product or service you offer, the harder it might be to defend. Ultimately, the choice between a highly unique trademark and a more descriptive one is yours to make. Just be sure you’re aware of how this decision affects the enforceability of your trademark.
You can register your trademark through the United States Patent and Trademark Office (USPTO), which is a relatively affordable way to give your brand some legal backing. Keep in mind that registration isn’t instant—it takes at least eight months. Starting the process early is crucial so you have the legal standing to enforce your trademark when necessary.
After your trademark is registered, you’ll get several benefits, including:
Keeping your trademark renewed is essential, but so is monitoring it for potential infringements. If you don’t actively pursue infringements, this could be used against you in court. Failing to defend your trademarks could lead a judge to rule that you haven’t been diligent, resulting in the loss of your rights.
Since no business owner can monitor for violations everywhere, services offered by a trademark law firm can assist in keeping your trademark valid and enforceable. If you’re serious about this, hiring a trademark attorney for monitoring services is a wise choice.
Trademark disputes can arise unexpectedly. By having a good trademark lawyer from the beginning, you can avoid common and costly mistakes that small businesses often make.