A trademark typically protects brand names and logos used on goods and services. A business owner must choose and register a trademark that can be registered federally and protected legally. Though it is not obligatory to register a trademark federally, it has various benefits. The benefits include notification to the public of the registrant’s entitlement of possession of the mark, lawful assumption of possession countrywide, and special right to use the mark on or linking to the goods/services listed in the registration.
Trademark Timing for New Businesses
Though not compulsory, most aspirants use private trademark attorneys for legal guidance concerning their trademark, applying for an application, and the probability of accomplishing the registration procedure since not all submissions continue to register. A private trademark attorney may help you avoid many potential pitfalls.
Now, the question arises when the right time may be for a new business to get its trademark. When a new business is started, everything is accomplished in stages. It takes time to introduce the products or services to the market. It takes time to accumulate customers. It takes time to do marketing at a scale where potential customers are attracted to a level that they become permanent customers. Especially for small businesses, when everything has to make its space or place in the market, it takes time for business owners to determine the right time to obtain a company’s trademark that can be used on their products and services for their identity.
In the United States of America, a company acquires the common law right to a label as soon as it is used in trade. That means that as soon as the product or service begins to be sold, the business owner can claim entitlement joint law proprietorship of that trademark without official registration with the U.S. Patent and Trademark Office (USPTO). These common law rights are restricted to the specific graphics where the mark is used and will be of limited help in court if you ought to bring to trial another business using a similar or identical name or mark.
Any new business should register its trademark rights for the company as soon as possible. In most cases, a business will likely file to register a trademark application as soon as its LLC or corporation is filed.
Comprehensive Trademark Search
When business owners want to register and apply for a trademark, they, along with attorneys’ guidance, must ensure the name or symbol is not already used by any other company/business. For an LLC or a corporation, provide the name is not already used by any other corporation in the same state. Perform a comprehensive search to ensure that a similar name is not used in every other state because you can be asked to stop using the name immediately.
“Intent-to-Use” Trademark Applications
While it is best to register a trademark as soon as possible, there is another side, too. A trademark means your service is ready to be introduced to the market. What if your product or service must still be prepared for the market?
In this case, the USPTO allows you to apply an “intent-to-use” trademark application. When the USPTO allows your intent-to-use application, you must use the trademark within six months. But if your products or services still need to be ready, you can request an extension. The USPTO will see if a good cause exists for your extension of the intent-to-use application request. USPTO can allow you an extension for four months. You can file applications four times to extend your four months every time. The advantage of this application is that your filing application date will be considered the date of the first use of your trademark.
Conclusion
A trademark is a logo or name that must be obtained by every business as soon as possible. It is a must for any business to register a trademark at the earliest time possible. It shows that a business is ready for the market. You can use the intent-to-use trademark application if your business needs to be prepared.
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