Do I Need a Trademark for My Business?

Do you really need to go through the time and expense of getting a trademark? Well, the answer to that is, it depends.

If you have created a business, brand, logo or slogan, you definitely want to strongly consider filing a trademark.

The purpose of a trademark is two fold.

1. The first is to protect the consumer. Trademarks protect consumers by making them aware that when they purchase goods from a certain brand, it is actually from that brand and they can trust the quality they are purchasing. For example, if you purchase sneakers with the Nike swoosh on the side, you can be sure that those shoes will have the quality standards and they are coming from the Nike brand.

2. The second is to ensure that the owner of the trademark gets protection against other imposters or infringers using the brand and goodwill of the trademark owner and passing off the goods and services as their own. For example, there are other brands that make sneakers, but Nike is protected in using their brand name, swoosh, etc, and can stop others from using or trying to use their the name, logo, etc.

To decide if you need a trademark you want to ask yourself these questions:

1. Do you plan on running the business for longer than a few years?

2. Do you plan on expanding the business beyond your town or local area?

3. Do you sell your goods and services across state lines?

If you answered yes to any of the above, then a trademark is essential. Having a strong and registered trademark allows you to stop competitors/infringers from using your name or brand to sell similar goods. Your trademark will prevent any other company from producing or marketing similar goods and services.

Having a trademark is an asset to your businesses. Having a registered trademark is something that holds value and can be sold with your company should that be something you want to do in the future.

Still have trademark questions? Feel free to schedule your free 15 minute legal insight call with me today!