- 1 Introduction
- 2 Understand The Legal Procedure
- 3 Study Your Local Law
- 4 Ten Things To Do
- 4.1 Study The Competition
- 4.2 Search Existing Trademarks
- 4.3 Choose Unique Names
- 4.4 File For It Through Online Platforms
- 4.5 Hire An Attorney
- 4.6 Strategize Your Trademarking Plan Accordingly
- 4.7 Thorough Usage Of Your Trademark
- 4.8 Use Trademark On The Internet & Social Media
- 4.9 Keep Track Of Your Trademarks
- 4.10 Try To Claim Trademark Internationally
- 5 What You Should Not Do
- 6 Benefits Of Trademarking
When it comes to brand protection and employing creative assets, nothing helps as much as trademarking your intellectual property. But, is doing it that easy?
In the midst of growing, fierce competition and pandemics, the businesses are tied up from their feet to their heads. While the competition to survive and stay above the surface is always running around the clock, some are tending to more dire matters at hand. Such as clashing over similar intellectual properties. This is why governments and courts around the globe have trademark laws in place.
That is why we are here today, to understand the importance of trademarking and help one get started on their way to get their trademarks registered. So, without further ado, let us dig in. But first, we will understand the important things before you go on and register a trademark online.
Understand The Legal Procedure
One of the first things that you should do, is understand the legal procedure. While you might think that doing it with the help of an attorney is all you are required to do. That is not always true, as you might be required to do a flurry of things, including:
- File a lawsuit in case of dispute (should be avoided
- Attending court dates in case of a lawsuit
- Providing thorough and legal proof of intellectual rights
- Only unique and outstanding intellectual properties are viable for trademarking
To expound on that last one, if you wish to, say, trademark your first name, then that is not a good idea. Because then there would be hundreds and perhaps a thousand others around the world with the same dispute. However, a unique last name or family name might do the trick.
Study Your Local Law
One of the most important things you should be doing is to study your local law. The better you understand where you are going, the easier it will be to grasp how you will get there. If you do not understand the law of your local government, then you will be risking losing all the trademarking possibilities. This is why you should study local laws regarding trademarking, intellectual properties etc.
The best way to go about it is by making sure you read the material available online. If not, you can find information on online forums or through an attorney, but that might cost you some money. However, if you look at the benefits in the long term of things, then it is worth the trouble.
Ten Things To Do
Now that some of the important things to understand are out of the way, let us dig in and grasp the actual process of registering a trademark.
Study The Competition
Before you decide on a final name or trademark, you need to do this. Understand your competition, because this advice has more to do with marketing benefits than about legal matters. Why is that? Because while a unique name or trademark might be easier to register, you should understand if that is what you want to be bound with for the next 10 years or so. If not, then reconsider your options and study your competition. Look for names available and think of something unique and catchy.
Search Existing Trademarks
Before you begin the legal process, this one holds the most importance. You should go through your local databases to find out whether or not a name or something similar is already trademarked. It will help you come up with something unique, in case it is. If not, then it will make your case even stronger. This is why you should go through local databases to find out and strengthen your claim towards certain trademarks.
Choose Unique Names
As we move forward, you might be beginning to understand the importance of choosing unique names. One of the reasons is that experts suggest that avoiding trademark infringement should be your priority at all costs. This is why choosing a unique name can help save you from that hassle. A clash over intellectual properties can lead to hundreds of thousands of dollars spent, and in cases of many, to no viable or quick results. This is why make sure your name is something that is free for taking.
File For It Through Online Platforms
Now, there is a certain flair in filing the trademarks in court, but they make it all the easier to do so through online means. Why should you prefer to do it online? Because it can save you from a lot of hassle. Moreover, considering the risk of a pandemic at hand, it is imperative to employ technology to avoid any certain mishaps or misfortunes.
Hire An Attorney
If you think the process is full of hassle and just not easy for you to understand, then just leave it to the experts. One of the primary reasons that many hire experts are to avoid any mishaps or hassles. Moreover, they are there for a reason and if they ask for an adequate fee, then it is worth it. Because they save you from all the aforementioned “troubles” that we have addressed so far. Therefore, if you wish to avoid trouble, just hire an attorney and be done with it.
Strategize Your Trademarking Plan Accordingly
Now, it is important to understand that once you file a trademark, your job is not done there. You cannot rest easy and hang your feet up, because your trademark is supposed to expire at a certain date. So, you need to worry about other things now, such as avoiding disputes, infringement and ensuring renewal of your trademarks promptly. So, make sure you have a strategy in place to help you out with all the legal matters.
Thorough Usage Of Your Trademark
If you have a trademark registered, then do not just sit on it. Make sure you are using your trademark thoroughly. If your company or brand’s nature is such, then use it on products, services, cars, emails and even t-shirts. The more you employ your trademark, the more it will become an established fact in the audience on a wider level, that the trademark does indeed belong to you.
Use Trademark On The Internet & Social Media
Speaking of reaching an audience on a wider level, nothing helps you get to them as much as the internet. So, if your brand or company’s presence is on social media networks, websites or blogs, make sure you are using your trademark thoroughly. Not only will it help establish it as common knowledge, as mentioned above, it would also make your case stronger in case of a dispute in the future.
Keep Track Of Your Trademarks
While there are ways to avoid infringement, there are always going to be bawdy fellow businesses who would come up with similar and unique names. This is why you should be tracking all of your trademarks, such as names, intellectual properties etc. So, if you wish to file a dispute, or a cease and desist order, it can help you out.
Try To Claim Trademark Internationally
Now, your business and your company can grow only so much locally. This is why many businesses file their trademark internationally. It does not only help increase their business dealings but also helps them grow their businesses outside of their own borders.
What You Should Not Do
So, we talked about things you should be doing, then let us summarize a few things you should not do. Never make an existing intellectual property part of your trademarks. Not only will it ruin your chances of any future trademarks, but also take away any hopes of trademarking your original intellectual properties.
Then, if you have a trademark registered, then never be too shy from using it. As mentioned before, the more you use your trademark, the more it will become common knowledge that it belongs to you. Which is why it is important that you employ the right tactics before filing a trademark.
Benefits Of Trademarking
Now that we know both the dos and don’ts of filing trademarks, let us look at some of the reasons and benefits that you should be doing it. One of the most obvious benefits is the exclusive rights of using that particular name or intellectual property. Which means that all that you earn from it belongs to you. Then, for a product or service-based company, it helps build trust and loyalty among customers. Not only because it is verified by the government, but also because it asserts creativity.
Then, it helps your product stand out in a myriad of products in a similar category. It also asserts the quality of your brand and promotes recognition of you as a reliable name in the industry. Last but not the least, it helps with protection against infringement and grants you the rights for up to 10 years.