Why Securing Your Trademark Should be a Priority

By Wei Wei Jeang (wjeang[at]fultonjeang.com)

I get it. Starting a business can be draining on financial resources. However, one of the most important things a business owner can do when starting a business is to secure their trademark.

As soon as business owners have an idea for their company name and trademarks (e.g., words and logos) they want to use in their business, run, do not walk, to consult with a trademark lawyer on the availability of these trademarks. It is a sad day when a business owner finds out that all of the marketing resources already spent to promote their goods/services under a trademark infringe on an established trademark. At the outset, a trademark lawyer would be able to do due diligence on the proposed trademark to find out if it is available.

If a proposed mark is available, seriously consider obtaining federal registration of the mark to further protect the brand. Registering a trademark on the federal register offers significant benefits. A registered trademark provides nationwide protection, unlike common law trademark rights that may be limited geographically. This ensures exclusive rights to use the mark across the country for goods or services covered by the trademark registration.

Additionally, registration helps deter potential infringers. It puts the public on notice that the trademark is already in use, and offers the legal backing to enforce your rights in federal court if needed. Federally registered marks are marked with the ® symbol, which adds credibility and strengthens brand recognition.

Federal registration creates added value to a business, as it protects the trademark from competing brands, particularly when venturing into new markets. The use of the trademark adds goodwill and market recognition to the business and becomes an important asset to the business. Think Coca Cola, Nike, and Google, as examples of good trademark stewards who understand the value of trademarks.

Ultimately, registering a trademark helps solidify a business's brand identity, ensures legal protection, and strengthens its position in the marketplace. It is money well-spent for most businesses.

Contact Wei Wei Jeang (wjeang[at]fultonjeang.com) for an initial consultation on your trademarks.