Building your brand is one of the most important investments you will make in your company. Your brand is what distinguishes your business from competitors, and as consumers begin to associate your quality of goods and services with your business name, logo, or slogan, you will naturally want to protect your brand’s reputation and prevent others from piggybacking off of the goodwill you build.
A name and/or logo is one of the first things a new business decides on after developing a new business idea. Before you start offering goods or services in commerce, you will likely invest in branding, web design, and other start-up costs. With all the time and money you are investing in your new business venture, you may wonder when you need to think about registering your trademark.
What is a Trademark?
A trademark creates associations in consumers’ minds between your company and the goods and services you offer. A distinct and recognizable trademark gives you a competitive advantage in the marketplace.
The United States Patent and Trademark Office (USPTO) defines a trademark as a word, phrase, slogan, symbol or design, or combination thereof. A trademark identifies the source of the goods and services of one owner and distinguishes them from the goods and services of another. Think of your smartphone, favorite fast food, and automobile—colorful designs and catchy slogans likely come to mind.
Unfortunately, many companies do not think about registering their trademark until long after their product or service is in the market. Even worse, many businesses do not take the time to conduct a comprehensive trademark search before investing in branding and offering their goods or services in commerce. Imagine spending valuable time and money investing in a brand only to find it is not available. If you find yourself in this predicament, you may face allegations of trademark infringement and be forced to rebrand.
Conducting a comprehensive trademark search and applying to register your trademark early in the process enables you to tackle legal issues before you get too far along. Engaging a knowledgeable attorney to perform a full trademark search can mitigate or eliminate potential problems.
Intent to Use
To be eligible for trademark registration, you must show proof that you are using the mark in commerce. However, even if your company is not at the stage to start using your trademark, the USPTO offers businesses a way to preserve trademark rights early. When you file your trademark registration application, you may apply based on intent-to-use (ITU), meaning that you plan to use it in the near future. Once your application is reviewed by an examining attorney at the USPTO and your mark is published for opposition with no challenges, you will receive a Notice of Allowance. You have six months after receiving this notice to submit proof that you are using your trademark in commerce or request an extension. The advantage to filing an ITU application is that you establish a priority filing date and your trademark will be searchable in the federal database to put others on notice.
When to Apply
If you know your product will be ready for commerce within 12 months, it may be a good time to submit an ITU application. It is important to note that once you file your application, the clock will begin. Typically, it takes about 6 months before your trademark will be published for opposition and you will have 6 months after receiving a Notice of Allowance to show proof of use in commerce. If you are unable to show proof at that time, you may be able to apply for an extension; however, if you do not comply with USPTO deadlines, your application will be abandoned.
Be proactive in protecting your company’s brand. If you are at the beginning stages of launching a new business, product, or service, consider consulting with an experienced trademark attorney to ensure that your proposed mark is available. Seek tailored advice about the most strategic and appropriate time for your business to file a trademark registration application.
From our office location in Orange County, we assist clients throughout Southern California, across the nation, and around the world. Call us at (888) 676-7211 today to speak with one of our experienced Orange Country trademark attorneys. You can also contact us by secure email.