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When should you consider trademarking your brand?

On Behalf of | Apr 28, 2022 | Trademarks |

Forming a strong recognizable brand takes time and hard work. All the effort can be wasted though if you fail to trademark your brand. Protecting your brand can stop your competition from creating similar identities and taking customers from under your nose. 

It may be time to trademark your brand once you have your brand envisioned:

Do not risk waiting to file your trademark

Customers who can not tell the difference between you and your competitor’s brand may mistakenly purchase from your competitor. Luckily for you, you have common law rights once you start selling products under your brand. 

What this means is that your brand has trademark protections stopping others from using your brand. Common law rights, however, are limited to particular geographic locations. Your common law rights aren’t the same as a registered trademark, and they do not offer the same legal protections.

What if I want to make business in other states?

Common law trademark protection can be quite limiting if you want to expand your business. If you are thinking about expanding business across states or global you may need to consider having state, federal or even international trademark registrations:

  • State trademark registration: Your trademark is protected in your state. Not all states have trademark databases which make it your responsibility to protect your trademark.
  • Federal trademark registration: A federally registered trademark protects your trademark across the nation.
  • International trademark registrations: There is no such thing as a global trademark. Instead, under a Madrid Protocol treaty, your trademark is protected in multiple countries. 

Once you have considered what registration you want your trademark lasts forever. That is to say, as long as you provide proof that your trademark is still in use.

The image of your business can be seriously hurt because someone took your looks. You may need an experienced legal eye if you believe trademark protection can protect your business.