Nearly all businesses operate under some form of a trademark, even if that mark is just the name of the business’s owner. This use of a name under common law is not the same as registering a trademark. When discussing whether a business needs a trademark, the key question is whether to register it in order to gain the full legal protections and advantages.
Patrick McSwain, attorney and founder of The Trademark Law Firm PLLC, can provide straightforward advice about the trademark registration process and the value and benefits of registration. If your business devotes any resources toward developing a unique brand identity, registration is crucial for protection of that identity.
The Key Benefits of Trademark Registration
Businesses that need a trademark create substantive value by consistently using it with products that have a standard quality level. Registering the trademark provides additional procedural protections that may not exist otherwise:
- Extending protection throughout the United States, with the registration being recorded in a federal database maintained by the U.S. Patent and Trademark Office
- Verifying a business’s claim to ownership of the trademark, with the potential for that ownership to become uncontestable after a period of regular usage and maintenance
- Providing access to federal courts to enforce trademark rights and ownership when a third party uses the business’s trademark without authorization
- Generating tangible value with an asset that readily identifiable, and is not just part of a business’s “good will”.
- Providing the legal presumption that the registrant is the owner of the mark.
Further, if you anticipate expanding your business internationally, a U.S. trademark registration will simplify and reduce the costs of filing parallel registrations that enable similar protections in foreign countries.
The Types of Businesses That Might Need a Trademark Registration
A small business that has a single location, minimal product offerings, and a very limited client base might not perceive an immediate need for a trademark registration. Even if that business has no intentions to expand, it can still derive value from a trademark registration by creating a balance sheet asset and a greater net worth when the business changes hands. Some of the types of businesses we work with include, among others:
- Restaurants
- Salons
- Lawn service
- Legal services
- E-commerce shops
- Clothing companies
- Consultants/coaches
- Photographers
- Podcasts and other media creators
In crowded consumer markets that have many producers of similar products, a good trademark will distinguish one seller’s products from the masses. Where consumers have many choices for similar products, they often default to the product that has a recognizable name and brand identity.
The same psychology holds true in markets for commercial products and business-to-business sales. A business purchaser is more likely to opt for a tool or an office fixture that has a well-recognized name, rather than a product with an unknown progeny. If your business has expended substantial efforts to create its identity in a commercial marketplace, trademark registration is essential to protecting it.
Trademark Registration Supports a Business’s Marketing Efforts
Businesses that need to allocate funds for marketing often discover that a trademark registration will consume only a fraction of those funds, and that the returns they see from the registration are substantial. The total cost of a trademark registration will depend on the number of product or service classifications that are included in the application, and fees required to process the application through to registration.
Call Us If Your Business Needs a Trademark Registered
Businesses that need a trademark should consult with Patrick McSwain at The Trademark Law Firm PLLC for a detailed analysis of how a registration can help them. Please call now to schedule a consultation to discuss trademark selection, clearance, registration, and other related matters. Your business is one step away from making itself known through a proper brand ID.