Rebranding early on in a business can be very detrimental. If you accidentally infringe on another’s logo, you will have to change your logo and rebrand. If you don’t trademark your logo, you may be at risk of infringing upon another entity’s logo or having another business infringe on your logo. As consumers start to connect your logo image to your products, your brand will gain popularity and make the growth all small businesses hope for. Trademarking a LogoĪs a small business, your logo is crucial. This means that if you only have the design mark, you could still be safe from others infringing on your business name. If you have a design mark with a word or phrase, it will likely be considered an infringement if someone else uses the same word or phrase. If they only had the design mark, their company name wouldn’t be protected in other fonts. While they have a wordmark on the name of the company itself, they also have a design mark on the Coca-Cola logo in the iconic style. This differs from a design mark which will only trademark the business name in a specific style or font. A wordmark is a word or phrase that can be used in any typeface or stylization. In order to trademark your business name, you will need to apply for a wordmark registration. Trademarking your business name will decrease the chances of infringement. If you start selling products using the same name as another entity, you could be accused of infringement and forfeit rights to your business name. The most important thing to trademark as you are starting your business is the name of your business. When starting a business you want to make sure your name is available and that no one else will infringe upon your business name. It isn’t absolutely necessary for you to apply for trademarks and your business might not be ready to register a trademark yet, but you should start learning about the options and benefits. As the business grows, there may be images, phrases, sounds, or colors that should be trademarked. You should start thinking about trademarks before you even register your business or purchase a domain name.Ī trademark is not legally required for a small business, but small businesses should trademark their business name and logo to improve protection and increase their rights to their name and designs. A big concern is how to protect a brand or business name. Starting a small business can come with a lot of questions. Choose a name and logo that distinctly identify your business and will protect it from competitors.Woman Selling Fresh Local Vegetable From Farm at Market Keep in mind that the more you differentiate your brand from others in your industry, the easier it'll be to protect. Spending the time and money up front to determine whether a brand is available will help avoid the very high costs of a dispute or litigation. Obtain a clearance search to make sure your new brand is available and doesn't infringe on anyone's prior rights.įailing to research a brand before adopting can lead to denial of registration by the USPTO or, worse, a cease and desist letter from another brand owner. Do your due diligence before investing a lot of time and money in launching a new brand. Pepsi-Cola was registered in 1896.īrands are a critical asset. Some of the most recognized brands in the United States today have been around for over a hundred years. Your trademark will not expire as long as you are using it in United States commerce. The United States Patent and Trademark Office charges as little as $275 to obtain trademark registration, only a few hundred dollars after five years and another few hundred dollars every ten years.ħ. Employee retention can be higher if employees have positive feelings for the brand and the products and services offered.Ħ. As a result, employment opportunities are more attractive to candidates. Brands can inspire positive feelings in people's minds.
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