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Why does everyone say I should Trademark my Brand?

Posted by Dragan Dan Ivetić | Jul 07, 2023 | 0 Comments

A female model poses.
Do you need to trademark your Brand?

Why does everyone say I should Trademark my Brand?

If you find yourself asking that very question - take the time to consider this short article and information.

Your Brand Name represents your business identity and reputation and is your most important business asset. Just think of how much time, energy and money you invested to come up with the right Brand, to market that Brand, and how much it means to your business that you establish Brand recognition from your loyal customers. Think of how everyone, including you, make decisions on what products to buy or what services to hire based on their Brand name. A Brand can bring you fame and fortune or serve as a symbol or at least recognition of the high standards and qualities of your products or service. Now imagine you wake up one day to discover that someone else has opened up a shop or online store and is competing for your business and that they decide to copycat that very same Brand Name you worked so hard to build into a valuable asset. Imagine that they sell cheap knockoffs that are inferior to your product at a much lower price. Imagine that, eventually, people start being fooled or confused into thinking that YOU are responsible for those cheap, inferior products being sold. And why wouldn't they, the cheap copycat has modelled their Brand to look and/or sound like yours...and as far as the public is concerned, you seem to be fine with it. Therefore, in the mind of the average consumer - that cheap copycat MUST be affiliated with you. Just like that the value of your Brand can start to be tarnished and lose value. And soon you start losing sale, not only to customers buying the cheaper knockoffs thinking those are your products - but also to customers that abandon their patronage of your brand over complaints about the cheap knockoff.

That scary hypothetical is a bitter reality for many small and medium business owners. Yet many will counter that hypothetical with some arguments like:

"Hey - but I registered my business name...surely that will protect me!"

NO. Registering a business name only permits you to do business under that name. It does not prevent someone else from using that name for any other purpose, or even from starting a company in another state or country with that same name. In short, a corporate name is NOT a Trademark.


"But I OWN my domain name - doesn't that protect me?"

NO. A domain name is not a trademark either. A domain name registration just means that you reserved the domain in question for the time period that you keep paying. Anyone can register a domain name. Anyone can register the same Brand Name as yours in a different Top Level Domain (such as .NET,.ORG, or .TV).

Trademark registration with the United States Patent and Trademark Office (USPTO) is a public process that grants legal recognition of your exclusive rights to use a name or other branding in connection with your business. A federal trademark registered at the USPTO gives presumptive rights to the trademark in the entire US. A federally registered trademark allows you to STOP others from copycat use of that or a similar Brand name, design, etc. You can even take infringers to court.

Trademarks also add value to your Business and are often the most significant asset on the financial balance sheet.

Even a simple trademark can pack a lot of information. That's because they can consist of words, phrases, logos, or even designs (such as packaging), any of which can be combined into a single trademark. This makes trademarks a highly effective communication tool. They not only identify your business, but get you started in communicating your story or product line. A trademark identifies you at a glance, helping you stand out from the competition and providing a strong competitive edge for your Brand.

A trademark can last forever, all you have to do is keep using it, and keep renewing it when it comes due.

Most importantly, trademarks are cost-effective, as many attorneys (such as our law office) will help clients register trademarks at the USPTO based on affordable flat fee trademark registration packages. Your prospects of successfully registering your Brand as a trademark increase significantly when you hire an experienced trademark attorney to assist you.

If your Brand is important to you and yet you have not registered a trademark - perhaps it is time to get it registered. What are you waiting for?

Now, let's return to and consider that question we started with - "Why does everyone say I should Trademark my Brand?"

The next question should be - "When can I speak to a lawyer about finally getting my Brand trademarked?"

Our law office offers free initial consultations to trademark clients - to answer your questions and permit you to determine if we are the right fit for your needs. We also offer reasonable flat fee trademark registration packages. Interested? Then contact us!


About the Author

Dragan Dan Ivetić

DRAGAN DAN IVETIĆ was born and raised in the Chicago suburbs, and wanted to become an attorney to help people from a young age.  He received a bachelor's d...


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