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5 Things That Help You Protect Your Trademark in the U.S.

5 Things That Help You Protect Your Trademark in the U.S.

If you want to build a successful and stable business, you can’t overlook the importance of trademarks. They’re crucial for establishing your brand and setting it apart from all the others, and they help to protect you against fraud, theft, and infringement. Plus, in the eyes of your target audience, a trademark is a major sign of trust and credibility.

So, it makes sense to protect your trademarks, and this guide will show you a few ways to do so.

Federal Trademark Registration

Step one in setting up a strong, protected trademark is to make sure you register it with the relevant federal authority: the United States Patent and Trademark Office (USPTO). That’s the only way to ensure you have legal protection for your trademarked logo, slogan, etc. USPTO registration also ensures that you have the exclusive rights to use that trademark at a national level.

Some businesses only apply for state-level trademarks, as it’s quicker and more affordable, and can be sufficient in some cases. However, federal trademark registration is simply much stronger on the whole. The application process can be complicated, but there are agencies that can help you with it, so there’s no need to feel intimidated.

Trademark Registration Maintenance

Registering your trademarks is just one step of the process. Don t make the mistake of assuming that once it’s complete, your work is over and you can just sit back and enjoy trademark protections without any further efforts required. You’ll need to maintain your trademarks, and if you fail to do so, you could lose them.

The USPTO demands that trademark holders file documents between the 5th and 6th years after initial registration, and again between the 9th and 10th years. These documents confirm that you still wish to keep your trademarks active. If you don’t file them, your registration could be canceled. It’s worth setting up reminders or alerts – which you can do via your own USPTO online account – so you don’t miss these key maintenance deadlines.

International Registrations

Registering your trademark at the federal level will protect your brand across the U.S. and prevent any other American company from stealing your logo or copying your intellectual property. However, they won’t protect you against IP infringements beyond the borders of the U.S., so it’s worth considering international trademark registrations as an added layer of protection.

This is especially true for businesses that plan on doing business around the world. Maybe you’re setting up a company that will make and sell products to audiences in the U.S., Canada, and Europe, for example. Applying for international trademarks will give you the global protection you need to operate with peace of mind.

Acting Against Any Infringements

Many people mistakenly assume that, once they have a trademark, that’s it – they’re safe against any and all infringements, and they can go about their business without any risk of anyone copying their IP. In reality, it doesn’t exactly work that way. The trademark does give you protection, but the USPTO doesn’t actually monitor all business activities and act against anyone who tries to copy you. It doesn’t have the resources or manpower to do that.

Instead, the USPTO gives you the protection that you need to legally take action if someone tries to infringe on your rights. And it’s up to you, as the trademark holder, to spot when that happens and take the appropriate action. So, a good habit to get into is to check USPTO filings on a regular basis, look out for any that are closely-related to yours, and take action if you feel that your IP is under threat.

Using the Trademark Symbol Across All Channels

This is a simple technique, but an effective one – put your ™ or ® symbol everywhere you can. Put it on your site, your social media, marketing materials, and so on. It’s a clear sign to everyone that your brand is trademarked protected, and a warning that they shouldn’t try to steal or infringe on it in any way. This has the added benefit of letting customers know that your company is reputable and can be trusted.

Protect Your Business Today

These five methods should help you protect all of your original ideas and mitigate any possible risk of theft or infringement. Focus on registration first, as it’s the most important part, but don’t forget to maintain and monitor your registrations once they’re complete to get the most out of them.

By Steven White

From our Blog

The History of the Trademark
The History of the Trademark

Where does the word “trademark” come from? Originally the physical marks of creators and traders, today, they cover brand names, product names, and more.