By: Alexa Gorman, Law Clerk
As a business owner, you can probably recall the signifcant time and effort it took to craft the perfect name and logo to represent your brand. Now that you’re using your name and logo in commerce, your business name and logo are attached to the positive reputation you’ve earned and are therefore very valuable assets. You owe it to yourself to make sure your name and logo are protected.
Am I Legally Required to Trademark My Business Name and Logo?
No. You may legally use your business name and logo without registering it, and you can even establish common law rights in your business name and logo simply by using them. Common law trademark rights do not require formal registration, but they are more risky and much more limited in scope than federally registered trademark rights. If you choose not to trademark your business name and logo, you run the risk of someone else using your business name and you could potentially lose your rights to it. Therefore, you should consider trademarking your business name and logo to ensure your business is adequately protected against copycats and others who wish to profit from your likeness and good name.
Advantages of Obtaining Trademark Protection
There are three advantages to trademarking your business name and logo:
- Public Notice: You obtain the right to use the Federal Trademark Symbol ‘®’. The ® symbol carries significant meaning. By registering your trademark through the United States Patent and Trademark Office (USPTO), you will gain the right to use this federal trademark symbol with your business name and logo. It notifies anyone who sees your name or logo that your marks are listed in the USPTO’s online databases.
- You obtain exclusive rights to your mark throughout the United States. The federal trademark symbol signifies that you own the exclusive rights to your business name and logo anywhere in the United States. When you register your business name and logo with the USPTO, you create a unique distinction for your business that helps other people in the U.S. avoid copying your name or logo when branding their businesses.
- You gain the power to defend your brand. A trademark is an important line of defense to your company’s name and brand. Since the trademarking process ensures that your company’s name is not similar to any existing companies that have already trademarked their names, you receive the added benefit of protecting yourself in future disputes. Trademark registration entitles you to take legal action in federal court if someone else infringes upon your trademark. Since registering your mark with the USPTO will enable you to register it with U.S. Customs and Border Protection, your business will also be protected from imports of foreign goods that infringe upon your trademark.
Next Steps: How Do I Get Started Registering My Name or Logo?
Your best bet is to connect with an experienced trademark lawyer in Lynchburg. At Darkhorse Attorneys, we have successfully obtained and defended trademarks for businesses of varying industries and sizes. We provide customized legal services, regular communication with active clients, and trustworthy counsel throughout the process.
Call Darkhorse Attorneys today at (800) 279-4292 to schedule your consultation with a Lynchburg trademark attorney.
