Why do I need a trademark?

Were you the kid in grade school who always put their arm over their school work to prevent copycats? If so, you will want a trademark to protect your brand. If you weren’t that kid, you will want one anyway.

What is a trademark?

A trademark is a type of intellectual property that serves as a source identifier of a product or service to separate you from competitors. What does that mean in plain English? A trademark protects your business from others copying your branding. Trademarks can be words, logos, names, symbols, or any combination of these. 

Why trademark?

Once you register a trademark with the U.S. Patent and Trademark Office (USPTO), it puts the public on notice that you are the presumptive owner of the trademark. Further rights include:

  1. Notice to the public of the registrant's claim of ownership of the mark, to prevent copycats from profiting from your brand and/or brand name

  2. Exclusive rights to use the mark in connection with the goods or services listed in the registration

  3. Trademark registration gives additional advantages including bringing a federal suit in court if your mark is stolen

  4. You may use the coveted ® symbol next to your trademark, instead of the TM logo, which just about anyone can use

What can be trademarked?

Trademarks can be words, logos, names, symbols, or any combination of these. Any indicator that differentiates your goods or services from another company’s can be trademarked. If you have a software company, mobile application, clothing brand, cosmetic line, tire shop, or a podcast, these are all examples of what can and should be trademarked. It is important that the products or services are offered for the benefit of others to be trademarked. For example, if you produce music for yourself and yourself only, you would not be eligible for a trademark, but if you produce music for others, you would be! Trademarks are generally good for ten years before need renewal.

Protect yourself, protect your brand, protect your peace. Protection is good. Safe marks are great marks, or whatever Lil Wayne said.

Not what you were looking for?

  • Want to protect your content? You will need a copyright. Copyrights protect works of authorship such as literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

  • Want to protect your invention? You will need a patent.

  • Want to protect an idea? You cannot do that.

Source: Trademark, Patent, or Copyright? - USPTO

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Trademark Office Actions.

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Appropriate Class 25 Specimens for Trademarking Clothing Brands