The best time to trademark your business name is as soon as you file an application for an LLC or corporation. Trademark protection is often overlooked by a large percentage of small business owners until the business is several months or years old, at which point it may be more challenging to get one.
Here are a few reasons why early timing matters in the trademarking process:
- Securing trademark rights early on in the business helps establish a solid foundation for your brand’s growth and recognition.
- It reduces the risk of finding out another business uses a similar name or logo, especially after investing time, resources, and marketing efforts into building your brand.
- It establishes your business’s credibility from the get-go, which can significantly promote business growth. For more information, read about trademark vs LLC.
If you want to register your trademark, the best way to go about this process is by hiring a reliable patent and trademark law firm. Working with a trademark attorney simplifies the entire application process for you and increases the chances of your application being approved.
Benefits of Trademarking Your Business Name
You don’t have to officially register your trademark with the United States Patent and Trademark Office (USPTO) before earning some trademark protection. However, unregistered trademarks are limited in scope and do not offer much legal protection, especially on a federal level.
So, here are some benefits of officially registering your trademark:
- It gives you exclusive rights to associate that name with your business’s goods and services.
- It prevents a competitor from using your business name or a similar one to sell their goods and services, eliminating customer confusion.
- It gives you legal protection in case of an infringement.
- It increases your business appeal to investors, helping you secure funding.
- It helps you expand your business nationally and internationally.
Related Questions
How Much Does it Cost to Trademark a Name?
Trademarking a name in the United States generally costs between $250 and $750. This includes USPTO filing fees of $250 or $350, depending on your filing option. Other factors determining how much it costs to get a trademark include attorney fees, the classes of your products, and the search and drawing fees.
How Long Does it Take to Get a Trademark?
Getting a trademark in the U.S. typically takes between 12 and 18 months. This process is quite a complex one that involves many stages. Different factors can affect the exact amount of time it will take, including the complexity and quality of the application, the application examination, and your response time to office actions.
What are the Requirements for Getting a Trademark?
To get a trademark, your trademark must not conflict with other existing trademarks or pending applications. Additionally, the trademark must be used in commerce, with proof showing how it is used. Next, a trademark must be filed under your personal or business name. Lastly, you must hire a licensed attorney if you’re a foreign brand.
Conclusion
Whether you’re a startup business trying to do everything right in the initial phase or an established business looking to solidify your brand identity further, registering your trademark as soon as possible has a lot of benefits. It ensures your business has legal protection against infringement and gives you exclusive business name and logo rights.
