Your brand is how the public recognizes your company, and it can become synonymous with anything from quality products to unbridled expertise. Whether the public identifies more with your logo, name, or slogan, the power of association is irreplaceable.
To protect your brand, you can register your trademarks to avoid confusion or even outright theft. If you don’t, another company or individual can potentially hijack your livelihood. This article will look at why it makes sense to trademark your identifiers and how to make it happen.
Note: The brands discussed below were found during our online research for this article. All trademark information included below was true at the time of writing, but note that this is subject to change.
What is a trademark?
A trademark is a word, image, tagline, or symbol that identifies a business or organization. Defined as intellectual property (because it’s a work of creativity), it can be anything from your company name to your logo.
McDonald’s yellow arches, the three-pointed star of Mercedes, and the classic Nike swoosh are examples of famous trademarks seen all over the world. You can think of a trademark as brand protection.
Registration with the US Patent and Trademark Office (USPTO) formally recognizes your work as your own and asserts that no other company or individual can use it for their own gain.
Why should you trademark your brand?
No entrepreneur or business owner is immune from trademark infringement. Regardless of your company’s size or economic sector, you leave your brand vulnerable if you don’t take certain precautions. Here are the most common reasons to file for trademark registration.
Legal protection
A registered trademark ensures that you have exclusive rights to your intellectual property. So, if another individual tried to take your business name, you would have grounds to take legal action against them for copying your brand’s identifiers.
Trademark registration can protect you from both direct plagiarism and copycat intent. For example, if one of your competitors changed an inconsequential word in your slogan but retained its larger meaning, this would be considered copycat intent.
Should you discover infringement, you can impose anything from a cease-and-desist letter to financial penalties. Please note that it’s always best to consult with a legal expert like a trademark attorney for the best advice.
Business Identity
A trademark solidifies a brand’s identity within the market, and it can be a powerful connotation for the brand’s reputation. For example, you only need to see the famous bullseye to know that you’re approaching Target rather than Walmart.
Your trademark is a shorthand in brand marketing, one that can reinforce values, engage the public on a deeper level, and prompt immediate action. It’s easier for customers to support a brand they already trust, and your trademark symbol serves as a promise that your audience will get what they pay for.
Market position
When brands are constantly jostling for market position, a trademark can increase public recognition and improve the company’s overall standings. Business owners in particularly crowded sectors may use trademarks to make an immediate distinction between themselves and their competitors.
Startups and small businesses especially benefit from strong trademarks, because they’re often backed by entrepreneurs with very ambitious goals. Putting more time and effort into your trademark shows customers that you’re committed to building your business.
How to protect your brand name with a trademark
Registering a trademark is a legal matter, so you can’t skip a step in the registration process. Fortunately, it’s not too difficult—just follow the steps below.
(Note: These steps are accurate as of the time of writing, however, this information is subject to change. For the most up-to-date information, be sure to double-check with a legal expert.)
Check if your trademark is available
First, check to see if your business trademark is already registered to another entity. You can verify availability by searching the USPTO’s Trademark Electronic Search System (TESS).
The USPTO highly recommends performing a comprehensive clearance search. This way, you can see if your trademark directly violates the law or would result in a high likelihood of confusion.
Any type of misrepresentation or infringement can lead to lengthy court battles, fines, and reputational damage. Even if a federal court ultimately rules in your favor, the process will cost you a lot of time and money. Ensuring that your trademark is unique can save you a lot of headaches.
Fill out the trademark application
Next, you can start the application process. The application form includes basic information, such as name, business address, and citizenship. There’s also a space to submit your trademark drawing or business name and list the products or services offered.
Trademarks are somewhat flexible. You can either file your trademark for an existing business or reserve it for future use, and you don’t have to stick to the products or services listed in your application.
For example, if your company starts by offering standard school supplies but then pivots into the educational technology (edtech) industry, your trademark would still be covered under the law.
That said, if your business may change in the future, you might want an umbrella or non-specific trademark, so as not to cause confusion later on. In this case, you might make your logo a textbook, as this would cover the whole educational field.
File the application
When you’re ready to submit, you can do so through the Trademark Electronic Application System (TEAS). The filing costs vary depending on the products and services you offer.
With TEAS Plus, you pay $225 per class of goods or services offered. So, if your company sells both physical products and virtual services, you would file each class separately (for $450 total). With TEAS Plus, you specify the goods and services via a list of USPTO categories.
However, with new cottage industries and business ventures popping up constantly, this may not be as straightforward as it sounds.
If your products or services don’t fit neatly into the USPTO’s descriptions, you can file under TEAS Standard for $275 per class of goods and services. This option can help you avoid future challenges or questions, as you can explain in detail what your business does.
If you’re planning to pay via Electronic Funds Transfer, the USPTO recommends completing the required information in your profile before starting the process.
Maintain and enforce your trademark
With very few exceptions, you have to consistently use your trademark in order to maintain it. You’ll also need to renew it by the deadline, which varies depending on how long the trademark is in use. For example, new companies must file their paperwork 5–6 years after initial approval.
The maintenance documents attest that the trademark still represents your business (You will also have the opportunity to amend goods and services, if needed). Make sure to pay the required fee, or else the USPTO will cancel your entire trademark registration.
Tips for protecting your brand name
Registering your trademark is an important way to keep thieves at bay, but it can’t eliminate all danger. Some bad actors will still find ways to steal your hard work, and it’s not always easy to track down the culprits (especially if they’re overseas). While it’s always best to consult with a legal expert, here are some things you can do to reduce the odds of trademark theft or misuse.
Always use your brand name
Consistent brand use establishes association, and you’ll need that constant reiteration for the public to link your trademarks to the goods and services you offer. For example, the famous Starbucks mermaid is synonymous with Seattle coffee. So if a copycat comes out of the woodwork, people already know better.
Of course, this tip is more than a compliance measure—it’s a sound component of any branding strategy, no matter how big or well-known your company is. Despite being one of the most recognized companies in the world, Coca-Cola spent over $4 billion on advertising in 2021 alone.
Your trademark is a shortcut for distracted customers, so they come to know your name, slogan, or logo stands for quality products or services. So use your brand identifiers everywhere.
Add your logo to all of your documents and packaging, use branded links on all your marketing resources, and keep your visuals consistent across all platforms.
Monitor your brand regularly
Tools like Google Alert, Brandwatch, and Social Searcher comb the web for brand mentions, so you can spot illegal usage and take swift legal action.
If you do stumble on potential infringement, it’s best to act immediately, before it escalates. Many violators are simply unaware of trademark laws, so it may be a quick fix. In other cases though, it can be a much lengthier battle.
Incidentally, brand monitoring tools can also reveal how the public perceives your company. With better tracking and analytics, you can refine your marketing strategy to better address customer concerns and needs.
Expand your trademark protection to other countries
When you’re running a business in a global economy, trademark protection should ideally extend beyond your home country. Unfortunately, it’s alarmingly easy for a foreign entity to infringe on your brand name without consequence.
It’s especially crucial to file a trademark in China. Not only are they a manufacturing powerhouse, but they also have a “first-to-file” rule. So even if you’ve had your logo for decades, if it’s not registered in China, a Chinese entity could file for the logo and receive legal protection.
Even if you’re not planning on doing business in different countries, you may want to brainstorm how you would expand outside your borders and keep these ideas in mind as your business scales up.
Use a unique name
To be on the safe side, your trademark should be as unique as possible. The more creative you are, the easier it is to prove infringement and the harder it is to infringe upon.
It also makes the trademark application easier, as there will be less debate over whether the trademark crosses a line. With endless IPs out there, this is a tough equation for many companies, but it’s also one you can’t ignore.
It’s worth noting that, when it comes to brand names and industries, the legalities can get a little fuzzy. For example, Viking Ranges and Viking Cruises exist in harmony—one is known for appliances and the other for luxury travel.
However, Gap Inc. successfully sued Gap Adventures (now G Adventures) for infringement, despite one company selling travel and the other clothing.
The best advice is to embrace the spirit of the law, as a trademark is meant to appeal to your core demographic and promote your brand.
Use Bitly to secure your brand’s future today
A registered trademark legally protects your brand’s identity. So it’s an excellent idea to trademark your brand name, logo, and more. And don’t forget to continuously protect your brand by keeping an eye out for any potential trademark infringement.
If you’re looking for monitoring tools, Bitly’s branded links make it easy to manage and track your content. With Bitly, you can consistently brand all of your marketing links, then quantify and analyze how customers interact with branded content.
This can help you better understand how your trademarks contribute to the success of your marketing tactics. Plus, when it’s time for renewal, it’s proof that you’ve consistently used your trademark since its registration.
Ready for more insight into your branded content? Get started with Bitly today!
