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Trademark FAQs

  • Trademark FAQs

     

    What’s a trademark?

    A trademark is any word, phrase, symbol, sound, scent, or a combination of these that’s distinctive and identifies the source of a particular product. In other words, a trademark lets the public know who sells, produces, or manufactures the goods associated with the mark. A trademark can also encompass the look and feel of a product’s design or packaging, known as “trade dress.”

    Why is having a registered trademark important?

    A trademark is essential because it enables consumers to distinguish between competing brands and helps brand owners protect their investments. Consumers know when they see a particular mark that they can expect products associated with the mark to have certain qualities. For instance, when you see the Coca-Cola logo on a bottle or can, you expect the beverage inside the container to have a specific flavor and color. Companies invest heavily in their products and packaging. Owning a registered trademark associated with such products offers protection because trademark registrants are granted exclusive rights under the law and are entitled to relief (which can sometimes include monetary compensation) if those rights are violated.

    I’ve just started my company, or it’s a small business. Why do I need to register my trademark? Who needs a trademark? Why do I need a trademark?

    Many small business owners make the mistake of not registering their trademarks because they believe they can’t afford the expense or think that it’s not necessary until their company gets bigger. Don’t fall into this trap.

    Registering your trademarks is a relatively low-cost investment that provides powerful legal tools, enhances your brand’s reputation, and protects your business’s future—making it especially important for small business owners aiming to stand out and grow in a competitive market. If you are selling or promoting any product or service, particularly on an e-commerce platform such as Amazon or Facebook Marketplace, you need a registered trademark. Here are just a few reasons why:

    • Exclusive Rights and Legal Protection: Registering a trademark gives you the exclusive right to use the name or logo in connection with your goods or services. You can prevent competitors from using similar branding, reducing the risk of customer confusion and potential brand dilution. If another business uses a confusingly similar mark, you can take legal action more effectively, and registration provides strong evidence of ownership in court.
    • Brand Recognition and Trust: A trademark helps your brand establish a unique identity in the marketplace, making it easier for customers to recognize and remember you. A registered trademark builds credibility, trust, and customer loyalty—key factors for repeat business and word-of-mouth referral.
    • Deterring Imitators: Trademark registration acts as a public notice of ownership, discouraging others from copying or imitating your brand. It also allows you to use the ® symbol, signaling to others that your brand is officially protected.
    • Business Value and Growth: A registered trademark is an intangible asset that can appreciate over time. It can increase the value of your business, especially if you plan to sell, license, or expand it in the future. Owners can also leverage their registered trademarks for additional revenue streams, such as licensing agreements. They can even be offered as collateral when applying for business loans.
    • Nationwide and International Protection: Federal registration with the Trademark Office provides protection across the entire United States, not just in your local area. It also enables you to seek trademark protection in other countries if you expand internationally.
    • Prevention of Legal and Financial Risks: Without a registered trademark, you risk expensive legal disputes, potential rebranding costs, and the possibility of being forced to stop using your business name or logo if someone else registers it first.
    • Online and Domain Name Security: Trademark registration can help prevent cybersquatting and unauthorized use of your brand online, ensuring your business maintains control over its digital presence. Owning a registered trademark provides the most effective mechanism for removing infringing marks and knockoffs (or counterfeit goods) from e-commerce platforms.

    How do I register my trademark with brandme?

    Filing a trademark application with Brandme involves several steps to ensure your trademark is properly protected. First, you’ll need to create an account with Brandme, which will give you access to a dashboard where you can manage your trademark application.

    Once you’ve created an account, you will conduct a free trademark search to ensure no one else has already filed for the same or a similar trademark. You can also order a comprehensive search report and request brandme’s advice about potential conflicts. If your trademark is available, you’ll proceed with submitting your trademark application online.

    The next step is to complete the trademark application form, a simple questionnaire that should take you less than 10 minutes to fill out. You’ll provide necessary details about your trademark, including a clear representation of the logo, the goods or services it will be used for, and other relevant information. Brandme will assist you with any queries related to the application process, ensuring that all required information is provided accurately. After our review, you will sign a declaration confirming that the information in the application is accurate. Your application will be transmitted to the Trademark Office typically within 24 hours of receiving your signed declaration.

    After submitting the application, brandme will track its progress and notify you of any updates or additional requirements through the dashboard. Once your trademark application is successfully registered, you will receive a certificate that grants you exclusive rights to use your logo for the registered goods or services.

    What’s the difference between brandme and its competitors

    Transparent pricing, efficiency, and simplicity separate us from our competitors. Brandme always displays pricing with all government fees included. We don’t bait and switch you by saying our service is $99, only for you to find out later you’ll need to pay more than five times that to get the service you want. The price listed on our website is your total out-of-pocket cost.

    You can complete the trademark application in under ten minutes by simply visiting our website. Brandme will then transmit it to the Trademark Office typically within 24 hours of receiving your signed declaration. Unlike some of our competitors, there’s no need to fill out a few questions, pay a fee, schedule a call with a representative, talk with the rep, fill out more questions, pay government fees, and then wait for the application to be eventually transmitted to the Trademark Office sometime in the future.

    Brandme has streamlined the application process and simplified the legal jargon associated with trademark prosecutions. We understand that brand owners have more important things to do than wading through legalese and learning trademark law just to file an application. We’re trademark nerds. Let us do that for you. We like it.