There are a lot of rules, practices, and terminology associated with operating a business, which can be confusing.

As we discussed earlier, trademarks are an important legal topic for small businesses. Are there any parts of your business that can be trademarked, and when should you consider trademarking them?

The Contract Shop was founded by Christina Scalera, a native of New York, to offer contract templates to independent creatives and entrepreneurs. She has built and protected her own brand as well as those of clients. In spite of the fact that we cannot offer legal advice, Christina provided a comprehensive overview of how entrepreneurs should approach trademarks.

What is its purpose?

Trademarks are anything that identifies the source of a product.

Consider the purchase you made recently. How did you make the purchase? It may be a source identifier to use the name or color of a product as part of its packaging. However, just because something helps to identify the producer does not necessarily mean it can be trademarked.

Suppose you just bought something. What brand did you buy?

For a more detailed list, trademark the following:

  • Logos
  • Business names
  • Service names
  • Product names

It is important to go beyond “descriptiveness” when naming trademarks, explained Christina. Key Smart® key fobs are a good example, she says.

The term ‘key fob’ could not be registered, but Key Smart, Inc. does. So when they talk about their products, it’s Key Smart® key fobs. Johnson & Johnson sell Band-Aid® bandages. 

A trademark is usually first in a generic category or name and identifies the source. The Band-Aid® product is a trademark.

Using trademarks to protect parts of digital products or services.

Registration is complete. An online law course like Legalize Your BizTM might be considered a wedding photographer contract. A good trademark is more than just descriptive.

What are trademarks?

Starting a business or creating a product allows you to identify your source.

Are trademarks necessary now?

  • A trademark can be registered in two ways, one more formal (and complicated) than the other.
  • Using a company name or logo can help you establish a reputation and an unregistered trademark. 
  • The costs of trademark registration are high if you develop a business that gains traction.

Here are some tips to help you get started.

Verify whether the mark exists

Here are some tips for doing some of the work yourself. You should check with an attorney before registering a trademark.

You should check to see if your idea is similar to a brand or product already in existence. You can search online trademark databases to find trademarks in your country.

In every country where you do business, be sure to check the following databases:

In quotation marks, search for the trademark term you want to use, and if there are more than one term within the phrase, run a search for them all. Searching with quotation marks will yield more relevant results, since you will see fewer irrelevant results.

Search engine results may include your trademark keywords, so you shouldn’t ignore them. A trademark attorney can help you dispute the registration of a trademark that is not being used by your company, even if the trademark has been registered.

Domain names and trademarks are two different things. There is no similarity between them.

Unless there is an existing trademark for the term you wish to use, Christina suggests doing further research. If someone registered a trademark and closed their business since then, the trademark may still be available.

After searching the databases, Christina suggests using Google. Search the same phrase on Google to see what results you receive. If you found trademark results in a trademark database, you can be sure you’ll get results in Google, but you’re interested in how many and how active they are. “Even if you get a lot of results, you want to see what is happening on these sites.”

Search social media for mentions of the trademark you are considering. An array of social profiles will be displayed for your search.

If nothing recent is found, that is another promising sign.

In the event that you come across any terms, phrases, or names that no one is using, you should take the next steps to register your trademark.

Register your trademark in step 2

Before officially registering your trademark, Christina advises getting in touch with a lawyer who can offer specific legal advice to your business. Think about working with them to conduct a more thorough search of what else is out there before you invest your time and resources into trademark registration.

The use and registration of a trademark can only be determined by an attorney, says Christina. Furthermore, trademark registration is a technical and involved process, so it fits the criteria for something better outsourced.

Trademarks need to be protected. 

Protecting trademarks

Use the proper trademark indicators and take action when someone infringes on your trademark as two essential components of protecting your brand.

Use of trademarks and registered trademarks is encouraged

You can easily overlook trademark identifiers until you need them, but there are a lot of them out there. Christina explains how to use them:

  • You can use the TM symbol on any name or logo that you consider a trademark, but you should check beforehand to ensure you are not infringing on an existing mark.
  • Using this symbol indicates that your trademark has been registered.

Taking action against infringements is essential

In order for a trademark to be protected, it must be marked properly. Be careful about people attempting to copy your trademarks or using similar marks in your industry. A concept known as dilution will lead to the loss of your mark if you do not take action to protect it.

In the event a new brand or product is launched that uses your registered trademark, is very similar to yours, or is in the same industry as yours, you should consult an attorney. A client’s trademark is a registered one, and any use of it would dilute its value, so I let other businesses know.”

A trademark is similar to a bathtub full of water. When your trademark has been used by a competitor, it is like adding a drop of blue water. Then it becomes purple when someone adds red to your trademark. Over time, your trademark will turn dark-and when that happens, you will lose it. This is why you must be aware of and challenge any unauthorized use of your trademark.”

You cannot claim that your trademark is an identifier for the original source when you lose your trademark, whether it is your logo or your product name. If we all use the same name, we don’t identify something as uniquely ours. Taking action against infringement is crucial for protecting your investment and mark after all the effort you put to register a trademark in india.

It is important to protect your trademark, and I am horrified when people fail to take action when it is infringed upon. Whenever I ask, “How much did you spend on that?” I know it wasn’t cheap, so it’s like asking, “How much did you spend on a first class flight but you don’t show up for the flight.”

Trademark protection is best left to the experts

When contesting pending trademark applications, it’s important to hire professionals. Rather than worrying about trademark protection, allow the lawyers to handle your business and product development. Ms. Christina worked for a large corporation as a trademark attorney.

Trademarks can be beneficial for businesses

When it comes to proactively protecting intellectual property, trademarks are only one piece of the puzzle. Even though trademarks are not a silver bullet, you must protect your brand from infringements, especially in your field.