Patents, copyrights and trademarks are all legal terms which describe intellectual property; however, a trademark identifies and/or distinguishes services and products in the marketplace, and is usually a symbol, design, word, phrase or other device, typically synonymous with brand name.  At its most basic, a trademark is used to prevent unfair competition.

We’ve all seen instances in which a company uses a symbol or name that is so similar to a well known brand name that it can be confused.  This is what a trademark protects against.  Essentially, trademark law protects your business so that competitors cannot steal your identity or use symbols so close to your own that it could be mistaken by your customers or clients.

Trademarks work to protect your business and its assets

Most people wouldn’t dream of going without health or homeowners insurance; this is protection you need in the event something unexpected happens.  The same should be true of your business and its assets.  Registering a trademark adds protection for your company name, or a product/service name.  You can have a trademark without registering it, but there are advantages of registration.

What are the advantages of registering a trademark?

Trademarks on the United States Patent and Trademark Office (USPTO) enjoy protection that is substantially stronger than trademarks that are not registered.  It is certainly not mandatory that you register a trademark, but highly recommended should a competitor try to infringe upon your company name, brand, products or services.

By registering your trademark, you ensure legal exclusivity, meaning yours is the only company that can use your logo, name, etc.  No owner of a legitimate business with a strong, recognizable brand wants to be the recipient of a “cease and desist” letter from an attorney.  This could be a costly nightmare for a successful business.

A registered trademark is different from an unregistered trademark in that instead of having protection only in the specific regions in which you trade, you have nationwide protection.  Also, expanding your business to the overseas market becomes easier.  A registered trademark makes your business more legitimate and enticing to other countries, making it easier to obtain rights.

Registering your trademark also makes licensing the use of your trademark to franchisees, manufacturers, distributors and others easier and more secure.

There are many other advantages of registering your trademark, and the decision is up to you.  However, a registered trademark is protection for your business and brand, something every business owner should consider.