Commonly Asked Questions About Trademark Registration

If you’re setting up a brand and want to protect it against cases of infringement, you need trademark protection. However, a lot of new business owners aren’t necessarily familiar with the complexities and workings of trademark registration, and many have questions about the process and how it all works.

This guide answers some of those questions.

What Protections Do Trademarks Provide?

Trademarks give you ownership rights over whatever property you choose to trademark. Most commonly, businesses get trademarks for the likes of brand names and logos, and that prevents anyone else from copying or using those same names and logos.

In other words, a trademark guards against infringement. Once you have your trademark set up and registered, you’re entitled to take legal action against anyone or any entity that infringes on it.

What Can I Get Trademarks For?

Lots of different things, but the most common elements that brands tend to seek trademarks for are:

• Brand names
• Logos
• Slogans
• Product names
• Branding materials, like certain combinations of colors, patterns, shapes, or even sounds

What Are the Rules Around Trademark Registration?

They vary from country to country and will also change based on which type of trademark you want. But, in general, trademarks can’t be applied to elements that are deemed to be generic, misleading, offensive, or descriptive. Instead, trademarks need to be distinctive in some way and unique – you can’t trademark something that has already been trademarked by another brand or entity.

Do Trademarks Need to Be Registered?

Not technically, though this varies depending on where you’re based. In the U.S., common law rights give you a certain level of protection over marks like brand logos and slogans by default, just from using them commercially.

So you don’t have to register them, but it is still strongly recommended. It makes it much easier to act against any infringements and enforce your rights. Plus, having registered trademarks means that it’s way less likely that anyone will either inadvertently or intentionally copy them, as most reputable businesses will check the register first when making their own logos and brand names.

When Should I Think About Trademarks for My Business?

As early as possible in the business formation stage. This is something that a lot of brand owners get wrong – they focus on all the other elements of setting up a business, but leave trademark registration until later on, once the business is up and running.

That’s not a smart move, as every day you wait without trademark protection is one more day that someone else could come along and copy your branding. And if it’s not protected, you’ll struggle to successfully take action against them.

How Long Does a Trademark Last?

The standard time frame is 10 years. So you have to renew trademarks every decade.

What’s Involved in Trademark Registration?

It’s not a hugely complicated process and can be summed up in just two main steps:

1. Search to ensure that whatever you want to trademark isn’t already protected or that there aren’t any other applications or protections in place that might block your own.
2. File the necessary forms, ideally with the aid of a registration partner or platform, to get your trademark officially registered. Then, wait for your application to undergo review and approval.

Are There Different Types of Trademark Registration?

Yes, trademark registration can be divided into a bunch of different categories based on what you want to trademark, where you want to trademark it, and how much protection and coverage you want.

In the U.S., for example, brands can file for state trademarks to protect their properties in their state of operations, national trademarks for U.S.-wide coverage, or even international trademarks to have ownership rights in other countries.

How Long Does It Take to Register a Trademark?

It depends on where you’re filing. In the U.S., it can take around a year or even a little longer for the process to complete. In other countries, the process can be done in just a few months, but for more complex international applications, it may take significantly longer.

Register Your Trademarks Today

Trademark registration is an invaluable step for any business that wants to be taken seriously and is equally serious about defending itself and its property against copying and infringement. You can get the ball rolling on trademark registration today by filling out the necessary forms online with the help of a trusted registrar.