
What are Trademarks?
Trademarks are known as an asset called intellectual property. It is based on a unique design, expression, or signature. Through this intellectual property, a customer is reminded of the brand and/or services offered by the company. A trademark can be owned by any individual or business.
Handling a business can be challenging, considering all avenues to which need to be attended daily. Whether you’re running a website, brand, or an entire corporation, you’re bound to run into some problems. Although, trademark infringement is one problem offered encountered by businesses, this can be easily avoided through reaching out to an expert.
Trademarks are important, and therefore require the utmost attention.
You can learn how to register your trademark and protect it globally in this read.
Issues with Trademarks
While a trademark may fit into your business or service, there are often problems in these matters. Research data suggests that around four million cases related to trademark complaints are registered every year worldwide. So, to keep your business running smoothly and without much confusion, it is essential that you choose a trademark, and get it registered.
The most common problem with trademarks is identity theft and fraud. There are countless cases where individuals have scammed people for large sums of money by portraying themselves to be someone else. At times, people cannot close a deal because of a lack of trust. Therefore, they may try to impersonate another company by using their name or logo, even after a trademark. In the end, the business suffers a lot because of the criminal’s audacity and the individual’s tardiness.
Protecting Your Trademarks
To make progress without running into such problems every day, you need to make your trademark safe. Although the trademark itself is a guarantee that anybody else won’t be able to impersonate your intellectual property, there is no assurance if the trademark will remain in the first place. Therefore, you should use these tips to ensure your trademark is secure:
1. Strong Mark, Good Choice
The first step to protecting your trademarks is choosing something unusual. A casual or generic idea doesn’t create a strong trademark. For this purpose, one must think out of the box. Using something that is related to your product, but still unique, is one way of making it secure and unique.
A customer remembers a brand by their first impression. If you can’t make your trademark stand out, chances are they might never knock on your door again. Therefore, it is important to create a lasting impression on the customer with your trademark.
2. Extensive Research
After designing the trademark, the next important task is looking for duplications. Intellectual property isn’t available in front of everyone’s eyes. Therefore, the chances of running into something similar to your idea are quite high. Before somebody accuses you of stealing their property, it is important to find the similarities and reduce them as much as possible.
There are many instances where entrepreneurs lost their entire investment because of insufficient research on their trademarks. A careless mistake can cost you anything from pennies to thousands. Therefore, you should check all platforms alike before moving to register.
3. Local Registration
When your research is complete and you are completely sure that the trademark is ready for registration, you need to apply for a TM Headstart. A team analyses your work and ensures that it is capable of registration. They even provide guidance on how to improve the trademark for better safety.
Once your TM Headstart is approved, you can apply for the registration online. It only costs around $120-$400, depending upon the trademark. There are certain steps and time frames of which the trademark goes through to obtain protection. Once it’s done, the design is yours to keep in the local IP community.
4. Identify Potential Markets
If you’re looking to go international, it’s important to get some more safety. International markets mean more eyes from competitors and small businesses, which may try to replicate your ideas to outsell or imitate your company. In either case, it is important to analyse every angle.
First, plan your approach. If you’re looking to expand your business into South China or Canada, it is better to attain the trademark registration first. A planned approach works out better than doing things at the last minute, so keep an eye out everywhere for possible chances.
5. Don’t Hesitate
Working swiftly is of immense importance in the corporate world. Businesses are established and destroyed within seconds, so there’s no place for the slow and steady. While you need to make decisions carefully, time is of the essence.
Trademarks are also very sensitive assets. Individuals spend countless hours designing these, so losing them to somebody else can be disappointing. Doing the registration process as soon as possible gives you a better chance at protecting your business identity, so you shouldn’t linger around this process much.
6. Stay Vigilant
Once the registration is approved, your business is safe from other impersonators and scammers. Anybody who wishes to cause damage to your business through your trademark, is held liable to the Intellectual Property Office.
But you shouldn’t let your guard down after the process. Small businesses often make profits in the short term through trademark infringement. Many companies don’t notice such activities, but they can be quite damaging for your organisation. Therefore, always look out for said individuals.
International Trademark Registration Bodies
USPTO Registration
When it comes to international registration, there is no better association to look at than the U.S Patent and Trademark Office. The USPTO is known as one of the most popular and efficient associations that provide security to trademarks and their owners worldwide.
Registration is available on USPTO’s website. If you make the right moves and register your company with the USPTO, you’ll have a chance to ensure your business’ protection in many other countries. The process doesn’t take long, and you can receive an email for approval within six months.
Madrid System
If you’re keen on expanding your business in Europe, you should consider the Madrid system. It is one of the most popular firms in the world, and around 113 countries approve of its policy. These include China, France, Italy, European Union, and many others.
You can fill out their MM2 form to register your trademark, which is available on the WIPO’s website. You can choose in which countries you want to register your business. Although this process costs a hefty amount, it guarantees effective protocol and protection in each country you file for.
Key Takeaways
- Protecting your intellectual property is important for your business.
- Create a unique trademark that suits your business.
- If you’re keen on expanding your business in Europe, you should consider the Madrid system then
Contact Our Legal Professionals
Trademark registration is a complicated process. There are several aspects to consider, and a lot of reasoning to present. Furthermore, some countries do not provide the freedom of following a policy like the Madrid System. For such occasions, you will require assistance in this field.
Lazarus Legal is one of the best law-firms that you can employ for these purposes. From experienced professionals in the fields to positive results, there is no reason for you to doubt our services. Click here to let us know how we can help you.
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Mark Lazarus
Mark Lazarus, the visionary behind the business and the fresh blood of the Lazarus Legal team, Mark (or Laz as he is often known) owes much of his success to his past experiences. And he’s made it his personal goal to bring that wisdom and formula to the firm.