Trademark Protection Tips Every Startup Should Know

One of the greatest things a startup can do is build a strong brand. Your business name, logo and slogan are what enable customers to identify your products and set you apart from your competitors. But a lot of new companies are more interested in getting their product to market faster and aren’t taking the right steps to protect their trademarks. Such oversight can be expensive in terms of legal battles and can even force a company to rebrand after gaining momentum.

By securing trademark protection from the outset, startups can avoid unnecessary risks and lay a more solid foundation for future success.

Now Is the Time to Protect Your Brand

Many entrepreneurs think they should wait until their business is successful before applying for trademark protection. In fact, the process causes problems to stop. Another company may begin using a similar mark first, or begin using a confusingly similar brand name, making it harder to defend your own.

Before you start your company, the first thing you should do is a trademark search. This helps to identify potential conflict and cuts down the chance of investment in a name that may have to be changed at a later date.

More legal protection with registering

Although the use of a business name in commerce may create some common law rights, those rights are generally limited to the geographic areas where the mark is used in commerce. A federal trademark registration provides you with additional benefits such as national protection and a stronger legal position should somebody try to infringe your brand.

Registered trade mark rights can also be used to stop the unauthorized use of a trade mark on online marketplaces, social media platforms and digital advertising channels. As a start-up begins to grow beyond the local market, these protections become even more valuable.

Regular use builds your trademark

Trademark registration is only one part of protecting your brand. Businesses should use their trademarks consistently on their website, marketing materials, packaging and social media accounts. Major changes to the look or wording of a trademark will dilute brand recognition and cause unnecessary headaches.

Also, it is important to monitor the marketplace for businesses that use similar names or logos. Generally it costs less to address potential conflicts early rather than trying to resolve a full-blown trademark dispute later.

Avoid Costly Branding Mistakes

A very common mistake that startups make is to choose a business name based on the availability of the domain name or social media handles. These are important factors but do not determine the legal availability of the name for trademark use. A company may buy a website and social media profiles only to find out that another company has trademark rights.

Rebranding is an expensive and disruptive exercise when you’ve invested in advertising, packaging, customer relationships and marketing campaigns. If you think about trademark issues before you launch, it can save you a lot of time and money down the road.

Confidently Build Your Brand

An experienced business attorney can help startups understand their trademark rights, guide them through the registration process and help them develop a plan for continued growth. By protecting your intellectual property from day one, you can grow your business with more confidence and less legal headache.

Gili is a passionate writer and curious thinker, dedicated to exploring a wide range of general topics that spark interest and discussion.