Does Your Business Need Trademark Protection?

Brand recognition is a powerful asset. When people see the golden arches, they immediately think of McDonald’s. A red bullseye? Target. Your business can also establish a strong identity through a trademark—a unique design, symbol, or phrase that distinguishes your brand.

What Is a Trademark?

A trademark identifies goods, while a service mark applies to services. However, both fall under the same trademark laws. Once you create and use a trademark for your business, you own it. Registering it, however, provides additional legal protections.

Why Register a Trademark?

While using a trademark gives you certain rights, registering it with the United States Patent and Trademark Office (USPTO) extends those protections beyond your local area. A registered trademark helps:

• Prevent competitors from using a similar mark in your industry
• Protect against counterfeiting and fraud
• Strengthen your legal standing if infringement occurs

It’s important to note that trademarks don’t grant exclusive rights to common words or phrases—only their use in a way that identifies your brand. For example, if you trademark a slogan for your cleaning company, another cleaning business couldn’t use the same phrase, but companies in unrelated industries could.

How to Identify a Trademark

You can indicate trademark rights by adding “TM” (for trademarks) or “SM” (for service marks) to your brand assets. Once registered with the USPTO, you can use the ® symbol to signify federal protection.

Enforcing Your Trademark Rights

If another company uses your trademark without permission, legal action may be necessary to stop infringement and protect your brand’s reputation.

Safeguarding your intellectual property is essential to your business’s success. Consulting a trademark attorney can help ensure you take the right steps to protect and enforce your brand identity.