What’s in a name? The importance of registering your trademark.

Maryann Lawrence, Startup Rep, Direct Incorporation

A Trademark is one of the most valuable assets of any business. It distinguishes you from your competition and generates an indisputable record of your use, which is vital in defending your rights if another business were to come along and try to use your mark. It also gives your trade name and brand names more credibility with the public and with other business you deal with.

What is a trademark?

A Trademark is a word, name, symbol, design, phrase or sound that identifies a business organization and distinguishes it from other business organizations.

What can be trademarked?

Logos, names, taglines and packaging can be trademarked if they meet certain qualifications. You can’t trademark a word or phrase that’s commonly used or that is already trademarked by another company. For example, “hot tub” cannot be trademarked because of its common use, while “Whirlpool” is already trademarked and owned by the Whirlpool Corporation.

What’s the difference between a trademark and a service mark?

A trademark identifies and distinguishes the source of the goods, while a service mark identifies and distinguishes the source of a service.

How long will my mark last?

The registration is valid as long as you timely file all post registration maintenance documents. You must file a “Declaration of Use under Section 8” with the United States Patent and Trademark Office between the fifth and sixth year following registration. In addition, you must file a combined “Declaration of Use and Application for Renewal under Sections 8 and 9” between the ninth and tenth year after registration, and every 10 years thereafter.

Do you have questions about registering your business? Please leave a comment below and I will try to answer them. Thanks!  – Maryann