It’s not easy being a small business owner. You often compete with large companies that have deep pockets, extensive resources, and widespread brand recognition. For a small business to make a splash and gain market share, you have to be clever, hardworking, and protective of your brand and customers. Protecting your brand starts with protecting your intellectual property. That means obtaining trademark protection to keep competitors from taking advantage of you and benefiting from your ideas. 

What is a trademark?

A trademark is an identifier of your product, service, or branding as unique and separate from others. For example: your company name or logo. You want it to be unique and recognizable for your customer base — that’s worth protecting with a trademark. A trademark provides legal protection and protects you from counterfeits and frauds. Without a trademark, your competitors (those you know of and others who may be new to the scene) are free to steal your branding and trademark it for themselves.  There are different kinds of trademarks, like word marks (words, letters, numerals), logo marks, service marks (unique services a brand owns), shape mark (like the Coca-Cola bottle), and even smell mark (Play-Doh). 

The Role of a Trademark Lawyer

A trademark lawyer can help you understand what you should consider trademarking, how to obtain a trademark, and what you need to do to maintain a trademark. While you can obtain trademark protections under common law — meaning you have immediate, limited protections once you use a trademark in commerce — it only applies in your geographic area, and it’s difficult to prove. The U.S. Patent and Trademark Office (USPTO) offers more robust trademark protections when you complete their trademark applications. This is where a trademark lawyer is extra helpful. A trademark lawyer will help with:

• Trademark Search: The first step is making sure that your desired trademark is unique and not too similar to an existing trademark. A trademark lawyer will help evaluate what you’d like to trademark and will perform the necessary search to ensure it is a viable candidate for trademark protection.
• Registration Process: A trademark application can be confusing, especially if the USPTO requests follow-up information or has questions about your application. A trademark lawyer knows the ins and outs of trademark registration and will help guide you through the process without worry.
• Enforcement: Even with a trademark for your brand, you’re responsible for enforcing it. Once you notice a trademark infringement, your trademark lawyer will take action, including sending a cease and desist order or filing a lawsuit against the offender, if necessary.

Common Trademark Mistakes

Lack of Originality: Possibly the most common mistake businesses make when seeking a trademark is lack of preparation, including not performing the required research to ensure your intellectual property is unique and won’t be confused with another trademark. Lack of Use: Another common mistake happens after obtaining a trademark — not using your trademark in commerce. It makes sense that once you’ve gone to the effort of obtaining a trademark that you’d use it in business, but you’d be surprised how many businesses lose their trademark because they don’t use it in commerce within the first year. Use your trademark and document its use so you don’t run into any trouble.  Lack of Enforcement: Your trademark is only as valuable as your willingness to police its use. If you notice another brand or individual infringing on your trademark, it’s up to you to take action.  Lack of Maintenance and Renewal: A trademark is like any other license in that you must follow the proper steps to maintain and renew it whenever necessary. That includes filing maintenance documents and renewing your trademark registration whenever the time comes.  A trademark lawyer can help you avoid all these common trademark mistakes.

Work With the Experts

Whether you’re a manufacturer who sells unique, tangible items or a service provider known for catchy branding and jingles (or anything in between), you can benefit from trademark protections. Without them, you’re at risk of losing your identity — and your small business — to your competition. Don’t let that happen. Instead, hire expert trademark lawyers like our team at Basecamp Legal. We know the ins and outs of registration and enforcement, and we’re ready to help protect your business. Contact us today for more information on our trademark registration services. 720.821.7460