Why Should I Register My Trademark?

A trademark is a word, phrase, or symbol that identifies and distinguishes a company’s goods and services in the marketplace. Trademarks include business names and logos as well as domain names for websites.  

“Trademark is about name recognition and allowing consumers to know where their purchase of a good or service is coming from by knowing a brand,” says Rory P. Pheiffer, an intellectual property lawyer at Barnes & Thornburg in Boston, Massachusetts. 

“If someone knows a brand and makes a purchase from that brand, they have an expectation of what they’re going to get when they make that purchase. Trademark law provides a way for consumers to be protected, to know that what they are purchasing is tied to a particular manufacturer or offeror of services, and that they are getting in return what they’re attempting to purchase,” he says.  

Because of their role in identifying and distinguishing a brand, trademarks are important for entrepreneurs and small business owners to consider in establishing their company name. For legal help with trademarks, reach out to a trademark law attorney.

How Do I Get a Trademark? 

There are a couple of basic ways to establish your rights in a trademark:

1. Simply use a symbol or phrase in connection with your goods and services
2. Register your trademark with the United States Patent and Trademark Office (USPTO)

Let’s look at the two methods and consider their pros and cons. 

Use-Based Right to Trademark Under Common Law

Common law is the set of rules derived from judicial precedents rather than statutes. Common law recognizes trademarks as a use-based intellectual property, says Pheiffer. This means that by actively using a trademark, you establish your ownership of it in the minds of consumers. 

The practical upshot is that getting a trademark can be as simple as using a symbol or logo for your business. You can use the TM symbol to indicate to the public that you are using the phrase or logo as a trademark.  

Pros and Cons of the Use-Based Approach To Establishing Trademark

There are a couple of benefits of the use-based approach:

1. It’s quicker and cheaper
2. You don’t have to go through the trademark registration process
3. You don’t have to pay application or renewal fees

However, there are significant drawbacks as well: 

1. Your legitimate use of the trademark is limited to the geographic area in which you started using it 
2. If someone in another geographic area starts using a similar trademark, you won’t necessarily be able to stop them from using it 
3. Generally, it will be much harder to enforce your rights with an unregistered trademark 
4. If someone with a similar trademark registers their trademark, they can stop you from using your trademark 

Because of these risks, it generally makes sense to register your trademark and get the legal protections that come with registration. Furthermore, the costs of registering a trademark are relatively light. According to Pheiffer, filing fees generally cost around $300 (exact costs depend on the type of trademark you file for), while lawyers typically charge anywhere from $800 to $1,000 to help with filings.  

Speaking with an experienced lawyer about your situation is important. It may be that registration isn’t necessary in your case. But to get peace of mind that your trademark will be protected, seek legal counsel. 

Federal Trademark Registration 

Registering a trademark with the USPTO gives trademark owners certain exclusive rights and legal protections they wouldn’t otherwise have: 

• Exclusive rights to the use of the mark 
• Notifies the general public of your ownership of the mark 
• Makes your trademark rights enforceable in the federal court system 
• Enables you to bring a lawsuit against others for trademark infringement if they use a similar trademark symbol or similar name 
• Record your registered mark with U.S. Customs and Border Protection to stop infringing products from being imported into the country 

What Are the Steps To Register Your Trademark?

There are a few steps to getting trademark protection with the USPTO: 

• Come up with a trademark that has distinctiveness  
• Do a trademark search to ensure someone else isn’t already using the trademark  
• Create an account at USPTO.gov. 
• Complete the trademark application  
• Pay the trademark filing fees 
• Answer questions from the trademark examiner  
• Await approval of your trademark and a certificate of registration 

Once your trademark is registered, you can upgrade from the TM symbol to the ® symbol to indicate that your trademark is federally registered. 

Get in Touch With an Experienced Trademark Attorney 

Look for a trademark attorney in the Super Lawyers directory for legal help.