Your trademark tells consumers that your products or services come from you alone. That’s why trademark protection is so important. Not all businesses can afford the expense of federal trademark registration. You can protect your brand even without trademark registration by choosing a strong mark, using it properly, and watching out for potential infringement.
The Value and Cost of a Trademark
A trademark identifies and distinguishes one party’s goods or services from another’s. Think of the Nike swoosh, the Starbucks mermaid logo, or the Coca-Cola name and bottle shape. Your trademark assures the public that your products or services come from your business, and only your business. Consequently, as an entrepreneur, protecting your brand is critical.
One of the best ways to protect your branding is through federal trademark registration. Registration can be costly, however, and not everyone can afford it. The cost of filing an electronic trademark application ranges from $225 to $325. And you must pay a separate fee for each different class of goods or services on which you plan to use the mark. Add the cost of hiring a lawyer to help you prepare an application and conduct a comprehensive search for similar marks that may already be in use, and the price goes up.
Other Ways to Protect Your Brand
Fortunately, there are other ways to protect your brand. If you choose your trademarks wisely and use them properly, you can develop common law rights that provide you with legal protection even without a registration.
- Choose a strong mark that is not merely descriptive of your products or services. Some of the strongest marks are considered “fanciful” or “arbitrary.” A fanciful mark is a made up word, such as Kodak, Verizon, or Netflix (which has the added advantage of being suggestive of the service). An arbitrary mark is an existing word used in an unusual context – consider Apple, Amazon, or Uber. Conduct your own search to be sure no one else is already using your proposed mark.
- Use your trademark consistently and properly. Its purpose is to identify your business as the source of your goods or services, so include it prominently on the product itself if possible, the packaging, on a tag or label, and on your website. Even if your trademark is not registered, you may still use the TM designation to indicate your claim to it (but not the ®). Beware, however, the pitfalls of your trademark becoming generic – that is, becoming so closely tied to the particular good that it becomes synonymous with that thing. Words like “escalator,” “zipper,” and “aspirin” all started out as trademarks, but now are simply the common name for the object they describe.
- Keep an eye out for any potentially infringing use of your trademark or one confusingly similar to yours. If others use similar marks, yours may lose its distinctive association with your product. When you encounter a potentially infringing use, consult a lawyer about your options, but keep the following in mind when gauging the appropriate response: Is the mark being used on similar goods or services, or in the same geographic area where you do business? If the conflicting mark is used on similar goods in the same place, it is likely a threat to your brand.