What startups need to know about trademarks
A brand can be a word, a phrase, a symbol, or even a sound. As part of intellectual property, your trademark uniquely identifies your company, and you can bring an infringement action against anyone else who tries to use it without your permission. You also have the option of registering your mark with the United States Patent and Trademark Office (the “USPTO”). While registration is not required, it does provide a number of benefits.
Liquidation of Trademarks
It is important to do your research before settling on a name or symbol to represent your business. Waiting until after you’ve built a reputation on an existing name could be a major setback for your startup, especially if the company whose name you’re using files a trademark infringement lawsuit against your business. Also, keep in mind that while you may be able to register your name with the California Secretary of State, it is still possible that another company is using this trademark and may be infringing his rights.
A thorough search of the US Patent and Trademark Office online database will show if there is another company currently operating under the chosen name or symbol in question. A startup attorney can help you with a “full clearance” search, which will thoroughly sift through all industry publications and directories.
Brand Creation
You are not required to register your trademark to have protection. Simply by being the first to use a trademark in connection with your products and services, you will have the right to use that trademark within your geographic area. In other words, as long as you can show that you put the name or symbol into use before anyone else, you are protected. Please note that the onus is on you to provide evidence of first use of the trademark.
If you choose not to register your trademark, it is important to increase brand awareness and actual awareness of your name or slogan through brand marketing efforts and media exposure that will help protect your use of the trademark.
Reasons to register a trademark
Registering a trademark with the USPTO offers a number of benefits. It provides you with implicit proof that your startup was, in fact, the first to use the brand, acting as a deterrent to others who might use a similar name or slogan. This protection extends to all states. By contrast, an unregistered trademark generally only provides protection against other businesses using the same name in Los Angeles or California. Also, if someone infringes on your trademark, registered status gives you the added option of taking legal action.
registration options
You may qualify as the first user of a trademark through actual use or intention wear. The intent to use application, filed with the USPTO, allows you to reserve the trademark even before the operation of your business takes place. After filing, you will have six months to put the mark into use or pay a fee for an additional six-month extension. With few exceptions, you must start using the mark or you will lose it after three years.
Alternatively, you can file a In use application. In this case, you must show that your start-up company is currently using the mark in commerce and show that the name or symbol is distinct from all other registered marks. To be considered distinctive, your mark cannot be too generic or simply descriptive, such as a basic geographic name like Los Angeles Car Wash. The more extravagant or unique the name or brand, the more likely it is to be considered distinctive.
Next steps
A qualified Los Angeles startup attorney can help you navigate the many requirements for trademark registration and determine the best option for your startup. Thus, the right to use a trademark comes down to which company can prove that it started using it first; So don’t hesitate to take the next steps as soon as you think of a great name or tagline for your startup and seek legal advice.