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Trademark FAQs
Questions
- What is a trade or service mark?
- Should I worry about trademarks?
- What can a registered trademark do for a SMB?
- What can't a registered trademark do for a SMB?
- How much does a trademark cost?
What is a trade or service mark?
A trademark is a word, phrase, symbol, or design (or color, sound, or scent) that identifies and distinguishes the source of goods or services. Trademarks are important for businesses because they help consumers to identify and distinguish between different brands. They also help businesses protect their brand reputation and prevent others from using their brand without permission.
Should I worry about trademarks?
As a SMB owner, you should worry about trade marks. Trade marks are how businesses protect their brands. It is pretty common for SMBs, particularly start ups, to have a great idea for branding that someone else already has had and invested in marketing. When you start promoting an idea that someone else already has been marketing, they are going to get upset and come after you. This can be expensive to deal with ($10,000s). It is better to look out ahead of time and try to avoid "infringing" other people's brands (trade marks).
It's important to know that trade marks can be *registered* or *unregistered* and that you can get sued for infringing (copying) any trade mark (brand), whether or not it is registered. So, before investing in marketing a new idea, it could be a good idea to ask a trade mark attorney for a risk assessment, also known as a "clearance search".
It's important to know that trade marks can be *registered* or *unregistered* and that you can get sued for infringing (copying) any trade mark (brand), whether or not it is registered. So, before investing in marketing a new idea, it could be a good idea to ask a trade mark attorney for a risk assessment, also known as a "clearance search".
What can a registered trade mark do for a SMB?
Registering a trade mark means that it is presumed to be a valid mark. After five years of registration and use, a mark becomes "incontestable" - which basically means that anyone trying to challenge it is out of luck.
Registering a mark also means that is presumed to be in use nation-wide. This is different from unregistered marks, for which you have to prove the scope of use in case you want to sue someone for knocking off your brand.
It's important to understand that you can sue to enforce an *unregistered* mark, but it is sometimes more difficult to do so because you won't have the presumptions of validity or nation-wide use. Registering a trade mark also means that the United States Patent and Trademark Office has officially determined that the registered mark is not likely to be confused with any other registered mark. This can be somewhat useful in case someone alleges that you have copied their brand.
Registering a mark also means that is presumed to be in use nation-wide. This is different from unregistered marks, for which you have to prove the scope of use in case you want to sue someone for knocking off your brand.
It's important to understand that you can sue to enforce an *unregistered* mark, but it is sometimes more difficult to do so because you won't have the presumptions of validity or nation-wide use. Registering a trade mark also means that the United States Patent and Trademark Office has officially determined that the registered mark is not likely to be confused with any other registered mark. This can be somewhat useful in case someone alleges that you have copied their brand.
What can't a registered trade mark do for a SMB?
Registering a trade mark doesn't necessarily mean that you can use it freely. There may be an older, unregistered trade mark that the United States Patent and Trademark Office did not find when examining your application for registration. The owner of that older mark might sue you when you try to use your registered trade mark. This is a reason why it may be helpful to have an attorney do a risk assessment before you invest in marketing or registering a trade mark.
How much does a trade mark cost?
Your rights to a trade mark start as soon as you use the trade mark in commerce in connection with your goods or services. The more you use the mark, and the more you invest in marketing the mark, the stronger your rights will be. Your marketing expenses should be the vast majority of your costs for securing the mark. Applying for registration should cost $2000 or less.