Small business identity Protection: how to create a trademark


To help small business owners create a trademark that protects their identity there is a simple process. Trademarks differentiate the products and services from the competition.

You can trademark a logo , name, phrase, or any combination of these.

Designing a trademark for small business prohibits competitors from using the same or similar items on their own material.

Fortunately, you can create a trademark to protect the words and symbols representing your product.

This protects you from any possible violation that could have a detrimental effect on your corporate identity.

Read on to learn how to create a trademark to protect your small business identity.

1. Carry out a business trademark search

You must perform a comprehensive search before establishing a trademark.

A quest for a trademark lets business owners make sure no one else already uses a similar term or object.

Use of the Trademark Electronic Search System (TESS) on the official website of the United States Patent and Mark Office ( USPTO).

This tool will allow you to recognize possible conflicts between existing marks and those that are awaiting approval.

Your search for trademarks is an essential step to protect your identity as a business.

This will encourage you to take the appropriate steps to minimize this issue if your logos and materials are too close to a competitor’s.

If the USPTO finds any “likelihood of misunderstanding” with another trademark, the application will be denied.

For your small business to create a trademark, you must first conduct a trademark search.

2. Let your attorney file an application for you

To establish your small business trademark properly, file an application with a licensed attorney.

This can be achieved through the Trademark Electronic Application Service (TEAS) of the USPTO.

There are many application choices to choose from, depending on your type of sector.

The recruitment of a qualified patent attorney will allow you to take the most informed decision.

Within this application, the types of goods and services that your small business covers will need to be identified.

You are also expected to upload your trademark picture on its own and as it will appear in your business content.

A certified patent attorney will have the work knowledge required to thoroughly complete your application.

A comprehensive application guarantees you have the highest degree of trademark rights.

The day you file the application will become your national priority date.

This means that after this point your competitors can’t register similar trademarks.

File an application to protect the materials related to your business identity as soon as possible.

3. Resolve every issue quickly

Once your application for a trademark is filed, you must monitor any problems and fix them promptly.

Your application, will receive a reply from an assigned USPTO attorney in six months time.

Without challenging your application will be approved.

However, more likely there will be minor things that you need to correct.

If there are issues or problems about your application, your reviewer will give you what is referred to as a “office action.”

Taking such actions seriously and reacting by the deadline is crucial.

If you don’t, the USPTO assumes your application has been abandoned.

To make the necessary changes consult with your patent attorney.

Then submit your answer to USPTO. Once all the issues are resolved, your trademark will be officially published.

Now you can formally place a trademark symbol next to your business material.

4. Observe your Competitor’s fillings

With the creation of your trademark you need to analyze competitor filings frequently. Monitoring your trademark ensures your company identity is constantly secured.

You can not know whether a rival infringes, without it. Keep track of any USPTO filings and object to any actions that seem like yours.

Be assertive when watching your competitors.

If you find similar content to yours, give this company a “cease and desist note.” If this does not work, your status as a federal trademark gives you the grounds for filing a lawsuit.

Creating a trademark necessarily protects you from all possible breaches. Start monitoring USPTO filings to maintain your trade identity

5. Keep using the business trademark

Lastly, after you create a trademark it is important to maintain its use. Continue making consistent use of your marks.

This means use the same words, designs, and logos originally documented on your application. Inconsistent use or the alteration of your logos may weaken their defense.

This would leave the business at a disadvantage when there is a fight over trademarks.

As long as you continue to use your material, your trademark will not expire. But bear in mind that you will need to renew your application.

When your deadline for renewal is missed your mark will be cancelled.

To secure your reputation as a small business, retain the use of your trademark and file all renewals on time.

In Summary

Small business owners are interested in how to establish a trademark which protects the identity of their company.

The first step in this process is to make sure that nobody else is already using your items using the TESS system.

Next, use a patent attorney to file a detailed application for the trademark.

If the USPTO considers any issues with your application , please contact this attorney to make the necessary changes.

In addition, monitor competitor filings to ensure other companies do not infringe your trademarks.

Finally , keep your trademark consistently in use and file all renewals on time. Use this post to create a trademark that will protect your identity as a small business.

Komolafe Timileyin is a passionate entrepreneur that loves to solve entrepreneurial issues. He is also a blogger and an upcoming Engineer.

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