For many business owners, a business name or logo is one of their most valuable assets. It is how customers recognize the company and distinguish it from competitors.
But simply creating a name, designing a logo, purchasing a domain name, or forming an LLC does not necessarily give you the broadest possible protection for your brand.
If you are building a business that you expect to grow, it may be worth considering whether your business name, logo, slogan, or other branding should be protected through trademark registration.
What Is a Trademark?
A trademark can be a word, phrase, symbol, design, or combination of these elements that identifies and distinguishes the source of particular goods or services. A business name, logo, or slogan may function as a trademark when it is used in commerce to identify a business or its products or services.
For example, a business might use:
- Its company name as a trademark
- A distinctive logo as a trademark
- A slogan or tagline as a trademark
- A product or service name as a trademark
Trademark protection is focused on how a mark is used in connection with specific goods or services. Registering a trademark does not give someone ownership of a word or phrase in every possible context.
Do I Have Trademark Rights If I Don’t Register?
Potentially, yes.
Trademark rights can arise through actual use of a mark in commerce. These are commonly referred to as common law trademark rights. However, those rights can be more limited geographically and may be more difficult to establish and enforce than federally registered rights.
Federal trademark registration with the U.S. Patent and Trademark Office (USPTO) can provide broader protection.
Among other benefits, federal registration creates a legal presumption that the registrant owns the trademark and has the right to use it in connection with the goods or services identified in the registration. A federal registration also provides the ability to bring certain trademark claims in federal court and allows the owner to use the ® symbol once the mark is registered.
For a growing business, those additional protections can be important.
Should I Trademark My Business Name?
If your business name is central to your brand and you plan to use it for the foreseeable future, trademark registration may be worth considering.
This can be especially relevant if you:
- Are building a recognizable brand
- Plan to expand into additional markets
- Sell products or services under a specific brand name
- Invest significantly in advertising and marketing
- Operate primarily online or across multiple states
- Plan to franchise or license your brand
- Want to establish stronger nationwide rights
The earlier you consider trademark protection, the more opportunity you may have to identify potential conflicts before investing heavily in a particular name.
What About My Logo?
A distinctive logo can also function as a trademark.
However, there is an important distinction between protecting the design itself and protecting the brand name or wording associated with the design.
For example, a company may have a logo containing both a distinctive graphic and its business name. Depending on the circumstances, the business may want to consider how each element should be protected.
An attorney can help determine what aspects of your branding may be appropriate for trademark protection and how an application should be structured.
Don’t Choose a Name Before Checking for Conflicts
One of the most important steps in developing a new brand is conducting a trademark search before investing heavily in the name.
The USPTO explains that one of the most common reasons trademark applications are refused is a likelihood of confusion with an existing trademark. Two marks do not have to be identical to create a potential conflict. They can be considered confusingly similar based on their appearance, sound, meaning, or overall commercial impression, particularly when the related goods or services are similar.
A proper trademark clearance search can involve more than simply typing your proposed business name into Google.
The USPTO recommends considering federal trademark records, state trademark databases, and other sources when evaluating whether a mark may conflict with someone else’s rights.
This is one reason it can be valuable to address trademark considerations before launching a new brand rather than after you have already printed thousands of business cards, built a website, purchased signage, and invested in advertising.
Trademark Registration Is Different From Forming an LLC
This is a common point of confusion for new business owners.
Forming an LLC or corporation establishes a legal business entity under state law. It does not automatically give you nationwide trademark rights to the business name.
Likewise, registering a fictitious name or purchasing a matching domain name does not necessarily mean that the name is available for federal trademark registration.
Business formation and trademark protection are related parts of establishing a business, but they serve different purposes.
That is why trademark considerations can be an important part of comprehensive business planning.
When Should I Consider Trademark Registration?
There is no single point in the life of a business when trademark registration becomes appropriate.
However, it is particularly worth discussing when you are:
Starting a business:
Before committing significant resources to a new business name or brand, consider whether someone else is already using a similar mark.
Launching a new product or service:
A new product name or slogan may become an important part of your brand and may warrant its own trademark analysis.
Expanding your business:
If you are moving beyond a local market or expanding into additional states, the broader geographic protection associated with federal registration may become increasingly relevant.
Investing heavily in your brand:
The more you invest in advertising, marketing, packaging, signage, websites, and customer recognition, the more important it can be to understand your rights in the brand you are building.
Preparing for a future sale or succession:
Intellectual property can become an important business asset. Properly identifying and protecting those assets can be part of broader business succession and long-term planning.
Protecting Your Brand Is Part of Protecting Your Business
Your business name and logo may seem like simple marketing tools, but over time they can become valuable business assets.
Trademark protection is therefore not necessarily something to think about only after another company starts using a similar name. It can be part of proactive business planning and intellectual property protection from the beginning.
Whether you are forming a new company, developing a new brand, or expanding an established business, understanding your trademark rights can help you make informed decisions before committing significant time and money to your brand.
Need Help Protecting Your Business Brand?
Harrod Law assists business owners with trademark filings and intellectual property protection as part of its broader business planning services. The firm works with businesses on matters including business formation, contracts, succession planning, and intellectual property protection.
If you are considering a new business name, logo, slogan, or product brand—or want to understand how your existing brand may be protected—contact Harrod Law to discuss your trademark and business planning needs.