If you are interested in how to trademark properly that means you are ready and willing to forego filling out the trademark application entirely on your own. This means you have come to terms with a short term investment that will save you money in the long run.
Whenever a small business owner is on the brink of opening their doors I always wonder if they’ve marked all the legal to do’s off their checklist. Most of the time the answer is ‘no.’ Performing a trademark search and a trademark registration are not high on the priority list. You see for most people there is nothing glamorous about the words ‘legal’ or ‘trademark.’ Small business owners are frightened by the dollar signs and the complexities of how to trademark properly and what trademark law is and means. Asking questions should not be daunting, however, because valuable questions carry valuable answers to your most common business needs.
Inevitably the questions always arises, “How do I trademark and why do I need to do a trademark search?”. The truth is that a trademark search for your business name means that you won’t worry when “they” say it belongs to them. Consider this: You have performed a proper trademark search through a skilled trademark attorney, you have poured some immense amount of sweat equity into your business, you have satisfied thousands of customers, and everyone, including you, loves your business and what you’ve built. A few days later someone in a far away place, business owner B has an idea for a business name that matches yours. Right away the business owner gets busy ordering business cards, business signs, brochures, uniforms, with ‘THAT’ name that you hold so dear. The last words you want to hear from them are “..but it’s mine..”, “…I had no idea you had the same name..”, “I’m not changing my name.” Unfortunately, luck is hardly on the side of those that are not legally prepared.
I’m trying to bring home many points about how to trademark properly.
Trademark searches are:
- Are very often skipped over and ignored
- (With the help of a skilled attorney) can tell you who is currently using a name that is already in use
- Are less costly in the long run so that you don’t infringe on someone else’s business name resulting in a complete rebrand
- I’m trying to say that a trademark search should be the FIRST to-do on your list WAY before branding and fulfilling your creative genius about business names, colors, pictures, and or logos. Let your creative mind run wild when you’ve cleared the legal path for a unique name. A crisp, clean launch of your brand means you have done your trademark homework!