Everyone dreams of starting a business and being their own boss. As an entrepreneur, you know the importance of establishing and protecting your unique contributions and business at all costs.
Yet many companies overlook this first and initial step. Here are some of the questions our Patent and Trademark Attorney firm often is asked:
- How can I secure my brand and ideas?
- What are the significant steps I should take?
- Is it going to be a difficult task?
- Where are the risks for me?
- What shouldn’t I do?
We are sure these questions may have come to your mind.
What is a Trademark?
A trademark is a word, symbol, name, or device used to identify and distinguish one seller’s goods from another’s interests. For example, Nike’s swoosh symbol is protected as a Registered trademark allowing the company to protect this brand from use and misuse by competitors.
Consumers are less likely to be misled or confused when they associate a trademark with a certain company or business.
How do you Trademark a company name?
Among many other things, one of the significant steps you should take is registering a trademark for your company name. Your company names operates as a brand too.
Below are the three significant steps to trademark your company name.
Search for a distinctive Brand Name
The first step is to finalise a name for identifying your brand. Then, do thorough research, preferably through a trained professional who understands deceptively similar trademarks. This will identify if whatever name you are proposing isn’t already taken by someone who can later threaten you with legal proceedings.
- Fill out the Application Form.
After selecting a good brand name which doesn’t infringe, it’s time to apply for your trademark application. There are ten components to a trademark application:
- The Applicant’s name and address.
- Citizenship and legal entity.
- A name and address for future correspondence and representation for legal contact.
- A visual image file of the desired mark.
- A list of services or goods covered by the trademark.
- Services or goods class(es).
- Example of the mark in use (in some countries).
- Date of first use (in some countries).
- Dated signature from you or authorised representative.
- Pay the fee for number and type of classes included in the Trademark Application.
It’s time to file your trademark application.
After filling out the application, you can choose between two different filing methods in most countries.
For example, the TEAS Plus and TEAS Standard at the United States Patent and Trademark Office. The TEAS Plus has a lower rejection rate and is less expensive than its competitors. However, the Standard option may be preferable to the riskier “TEAS Plus” system.
In the case of the Australian Patent and Trademark Office, the choices are either the “Headstart” Trademark Application or the Standard Application process. The “Headstart” Trademark Application process is assessed quickly, and not published until you pay the Part 2 fee. In contrast, the Standard Application process is published right away, and assessed in 4 months.
Recommendations
Differentiating your brand name from others in your industry makes it easier to protect your unique edge and your customers. We recommend you pick a name for your company and a logo that will set you apart from the competition.
Building a solid brand can be overwhelming, but protecting your brand is essential. Professional advice should always be sought in order to ensure that you are properly protected. Your Trademark advisor will ensure nothing is missed and minimise the possibility of longer-term problems, conflicts or limited protection.
We recommend you use the Trademark Registration system and Trademark laws to ensure your investment in a brand name is protected. Moreover, always select your brand name carefully and in the United States, register it Federally to avoid future issues.
With Australian Patent and Trademark Services representing you, there is no need to worry, we have you covered.
