You make your Logo. Then we'll make everything match.
Protecting Your Brand with Trademarks
By John Williams, president of LogoYes.com
Copyright 2007, John Williams
Establishing a strong brand is pivotal to business success. Protecting that
brand is equally important. Yet many small businesses overlook an important
first step in securing their brand: trademarks.
What Can Be Trademarked?A trademark is any unique word, symbol, name or device used to identify and
distinguish the goods of one seller from the goods sold by another. (An
example is Nike's swoosh.) A trademark allows the seller to protect what is
trademarked from use and/or misuse by competitors, while building brand
loyalty among repeat customers. Trademarks also help prevent confusion or
manipulation of consumers, who come to associate distinct attributes – in
particular, quality – with a distinct brand.
From a branding perspective, the following are assets that can be
protected:
- logos
- names
- taglines
- packaging
These assets can only be trademarked if certain qualifications are met.
A word or phrase that is commonly used or already connected with another
product/service in the same industry cannot be trademarked. For example, a
generic term like "Search Engine" can't be trademarked, but a unique name
like "Google" can. However, if your name is generic but used in an industry
not typically related to the meaning of the term, you may be able to
trademark it. A good example would be Apple computers.
As a general
rule, you can trademark your
business name if you use it when
advertising directly to your customers. If you do not use your business name
in direct communication to your customers, you probably cannot, because you
are not connecting your name to your brand and its attributes. If your
business name will be a large part of your marketing, you should consider
trademarking it.
Your
logo and/or tagline are also good candidates for trademarks. The
first litmus test: Is it unique? What makes a logo unique is the combination
of the symbol with the company name, its colors and their spatial
relationship. If your tagline is a unique phrase, it can also be
trademarked. Hallmark's "When you care enough to send the very best"
connects a Hallmark brand attribute (quality) to its product. This tagline
helps distinguish the Hallmark brand.
The Trademark Process
It is not necessarily expensive to trademark something. In the United
States, whoever establishes priority in a mark is usually considered the
owner of it. In other words, if you are the first company to use a unique
mark to identify your products or services, you do not need to register your
mark to gain rights to it. You must, however, add the trademark symbol, TM,
to the mark you are claiming rights to. However, registering a mark through
the U.S. Patent and Trademark Office (USPTO) establishes ownership beyond a
doubt.
Of course, all of this is dependent on the "uniqueness" of your mark. The
Internet is a good way to conduct a trademark search. Visit free websites
that display existing trademarks, like those maintained by the USPTO,
Secretary of States, or Yellow Pages online. Or, for a fee, choose an online
trademark search company. You can also hire a private company or attorney to
conduct detailed searches that include misspellings and alternate spellings.
It is best to seek an attorney who specializes in intellectual property law.
Trademarks can be registered at the state or federal level. State
registrations are less expensive, but also offer less protection. Trademarks
are often registered within one industry, but can also be registered in more
than one industry. Your best option depends on your geographic area of
operation and scope of business. International protection is much more
costly and difficult. It is also extremely complicated and expensive to
enforce.
If you file a trademark application with the USPTO, they will ensure there
are no trademarks similar to yours that currently exist. This process can
take months. Do your homework, because if your mark closely resembles
someone else's, your application will be denied.
Keep in mind that the more differentiated your brand is from others in your
industry, the easier it will be to protect. Choose a name and logo that
distinctly identify your business and will protect it from competitors.
John Williams is president and founder of LogoYes.com, the world's first
and largest DIY logo website. In his 25 years in advertising, he has created
brand standards for Fortune 100 companies like Mitsubishi and won numerous
international awards for his design work.
