A trademark is a formally recognized, unique identifier for individual businesses as well as the products they make. Most major recognized brands have signature trademarks that all of us can immediately visually notice, like the Adidas logo or the signature orange color of the packaging of Reese’s peanut butter cups.
But why exactly are trademarks so important for businesses, and how do you get one of your own?
The Basics of Trademarks
You can think of a trademark as a distinctive, signature identifier of your brand. A trademark can be a name, a logo, and even unique, specific details like the specific color on your packaging. What’s important is that your trademark is unique to your brand, that it’s recognizable to your customers, in that it’s exclusively used by your business.
Registering a trademark formalizes your ownership of this unique, distinctive marker. Once registered, you’ll have legal protections that prevent competitors from using your trademark; you’ll have the exclusive rights to use these elements as you see fit, on behalf of your brand.
Before you can register a trademark, you’ll need to conduct a trademark search. This way, you can see whether any other existing businesses are currently using something similar. As you can imagine, you won’t be able to register a trademark that’s already being used by another business. Fortunately, there are infinite creative possibilities for brands and trademarks, so if the trademark you want is already taken, you can probably come up with something equally valuable on your own.
You’re welcome to use distinct developments for your brand and business before registering a trademark. You’re also not legally required to have trademarks for your branding elements. However, obtaining a trademark provides you with legal protections, and is extraordinarily good for your business.
Why Trademarks Are So Important
These are just some of the reasons why trademarks are so important for modern businesses:
- Trademarks are cheaper and easier to get than you think. First, understand that obtaining a trademark is less expensive and easier than you might think. Some business owners are reluctant to pursue trademarks because they believe them to be legally complicated and exorbitantly expensive, but this simply isn’t the case. You can do most of the upfront work for filing a trademark in the span of an afternoon, and you may not even need a lawyer to help you. After preparing and submitting your application, you’ll need to wait for a response from an assigned USPTO examining attorney.
- Trademarks never expire. As long as you keep using your trademark and keep your registration alive, your rights to the trademark will never expire. This is hugely advantageous, as it enables you to continue receiving the benefits of a trademark indefinitely. It’s a single, relatively small investment that keeps paying dividends for as long as you continue running your business.
- Trademarks create meaningful first impressions. Having distinctive identifiers for your brand is practically essential for creating meaningful first impressions within your target audience. We’ve all had similar experiences when seeing novel brands for the first time; a distinctive logo, an original shade of color, or even the shape of a package can instantly help us recognize that a brand is different, and potentially help us understand what the brand is all about. If you want more people to be interested in your products or your business at a glance, a solid trademark is the way to do it.
- Trademarks stand out as recognizable. Trademarks are, by definition, unique. This helps them stand out on store shelves, in public, and even online. A vibrant, instantly recognizable color can instantly draw consumers’ eyes away from packages made by your competitors, and the flash of a logo at the end of a television commercial might be all it takes to communicate to your audience that this message came from you.
- Trademarks prevent competition. Are you worried about other brands encroaching on your territory? Without a trademark, certain companies may be able to leech off the power of your existing brand and, leveraging similar branding elements to appeal to your existing audience. This is problematic for several reasons, as these types of products will cannibalize your revenue and potentially harm the reputation of your brand. But with a strong trademark in place, you can effectively ward off this type of competition.
- Trademarks enable easier expansion. Registering and operating within a state provides you with protection in that state; no other business in your industry can have the same name as your business. But if you’re interested in expansion, this protection isn’t enough. With the trademark in place, you’ll be able to expand more easily and with fewer hurdles in your way.
- Trademarks appreciate in value over time. Finally, consider the fact that trademarks appreciate in value over time. In its infancy, your brand may not have much in the way of instant recognizability. But if you continually make high-quality products, and you serve your customers well, your reputation is going to bloom. The bigger your brand becomes, the more valuable your trademark will become.
As you can see, trademarks are indispensable for millions of businesses. They help customers identify you, they help distinguish you from the competition, and they prevent nefarious business owners from usurping your position. Best of all, they’re not hard to obtain – and the whole process begins with a simple search.
