TRADEMARKS: DO I NEED TO PROTECT MY BUSINESS NAME?
When a new business is created, often one of the most fun parts is when the owner is deciding upon both their name, and their logo. This is an opportunity to express your creativity and make a statement to customers about your business and what it represents. While this is definitely a fun and exciting part of starting a business, it is something that you should take steps to ensure you protect it.
Using someone else’s logo or name in business is a serious issue, and can often lead to legal disputes between businesses that can stretch on for years as both argue over who has the proper right to use a certain name or logo to promote their business. If neither business has filed for a trademark, then the Court’s don’t have much to go on to make their decision and must instead look back on the history of both businesses to decide who has used the name or logo longer or more notably.
Rather than worrying if a similar situation could happen to you, its best that you begin making steps to ensure you don’t have to have these arguments and discussions, and that the name/logo you have chosen for your business will remain with your business so long as you remain open.
There are two kinds of trademarks, a federal and a state trademark. If you plan to operate your business solely within your state’s borders, you likely don’t need a federal trademark. Its not a big issue if someone across the country in another state is using the same name as you because it is very unlikely to confuse either businesses customer base, however if you are a business that operates in other states and could run into issues with businesses sharing your name or logo, you will need a federal trademark.
For Federal and State there are two different processes but both are similar in what they require. For both applications, you will need to provide what are known as specimen samples. These are examples of the name or the logo that you are attempting to trademark being used in your regular course of business. Examples of specimen samples could be brochures you hand out promoting your business, billboard adds that have your name or logo, or promotional items such as cups, magnets, and other items.
Trademarking your name and logo is not something you should wait on. If you have a business that has a logo or name you wish to trademark and protect, please consider contacting the law offices of Andrew Szocka P.C. we are happy to assist you with your trademark application. Please reach out to us online, by email at info@szocka.com or by phone at 815-455-8430. We look forward to assisting you!!!