Trademark Registration: What’s the Big Deal?
“You need to trademark that…!” A common phrase that we hear when someone coins a novel term, tagline, or logo. In legalese, this phrase translates to, “You need to register your trademark.” In other words, the owner needs to take steps to assert ownership of their distinct source identifier.
But why is registration such a big deal? And what types of marks can be registered??
Glad you asked. Here’s the skinny on trademark registration.
What is a trademark? - Trademarks are a form of intellectual property.
A trademark is a word, tagline or slogan, design, or combination of a word and design that identifies and distinguishes the source of product or services provided to consumers. Trademarks can consist of words, logos, slogans, colors, and even scents. Examples of famous trademarks are listed in the chart below.
These marks distinguish the source of the goods and services offered to consumers, establishing strong source-identifiers. As a result, trademarks also function to help consumers recognize specific brands in the market, while also conveying the brand’s values, quality, and unique personality.
Benefits of Trademark Registration. While owners can garner common law trademark rights through use of their mark in connection with goods or services that are offered to consumers in the marketplace, they have little recourse to enforce against infringement of their mark.
Exclusive Rights: Having a federal trademark registration gives the trademark owner a legal presumption that they own the trademark and have exclusive rights to use it.
Brand Recognition: Trademarks function to identify the source of goods and services. Having a registered trademark helps to garner credibility and recognition in the market by distinguishing the owner’s goods and services from third-party competitors and build brand trust with consumers.
Legal Recourse: Registration allows owners to enforce their exclusive trademark rights against infringement and unauthorized use.
Business Value: Registered marks increase brand equity by creating assets that can be licensed or sold.
Protecting your brand is one of the smartest and most valuable investments you can make as a business owner, creator, or artist. A registered trademark not only secures your exclusive rights, but strengthens your brand credibility, and adds value to your business over time.
Waiting too long to register could leave your brand vulnerable to copycats or force you to rebrand if someone claims your name first.
If you’re ready to safeguard your unique brand, take the next step forward and consult with a trademark attorney who can ensure a smooth registration process and maximize your brand protection.