Is trademark important [Explained]

Last updated : Sept 27, 2022

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Is trademark valuable to the company?

A registered trademark is a valuable asset for a business to own. It offers security and value. It ties directly into what drives revenue and value to a business. Every business will supply goods or services to customers to drive revenue and hopefully customer loyalty.

What is trademark and what are its importance?

A registered trademark establishes ownership over the brand, name or logo. It protects your brand from any unauthorized use of the third party. The registered trademark proves that the product totally belongs to you and you have exclusive rights to use, sell, and modify the brand or goods in whichever manner you want.

Is registering a trademark worth it?

It is a good idea to register your trademark to protect yourself against an infringement suit, to add value to your company, to put your competitors and the public on notice of your rights in your own brand and to strengthen the legal protection of your mark.

Is it worth trademarking a logo?

Trademarks protect words, names, symbols, sounds and colors and distinguish one company's goods and products from another. Trademarking a logo not only protects it from being used by other similar companies, it also protects a company from unknowingly infringing upon an existing logo.

What would happen if we didn't have trademarks?

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.

Why should I trademark my business name?

Names hold power in business. So establishing ownership of and rights to a business name is an important step for businesses that want to ensure a name remains one-of-a-kind. Registering a trademark helps protect a name or brand from intellectual property theft or misuse as a business grows.

What if trademark is not registered?

Unregistered trademarks are trademarks not registered under the Act. Unregistered trademarks can be used in relation to goods and services, but they will not possess legal benefits under the Act. However, unregistered trademarks can get protection under the common law.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Which is better copyright or trademark?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

Do trademarks make money?

Trademarks have become so valuable because they actually generate revenue. Trademarks help distinguish your company and its products and services from the competition, making it easier to build trust with customers and, ultimately, attract and retain them.

Is it better to trademark a name or logo?

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

How much is a trademark?

No matter how you file, you will pay a minimum of $250 to apply for a Federal trademark. But considering the importance of your trademark, and the potential complexities you face when filing, it's not a bad idea to use a lawyer or filing service.

How much does it cost to buy a trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Can you sell without a trademark?

You can sell products or offer services in the United States without having a registered trademark.

Can I sell product without trademark?

No, it is not mandatory to have your trademark registered to sell on Amazon/Flipkart, but it is advised to get trademark to avoid brand hijack.

Do I need to trademark a brand?

Summary. Registering your business name for a trademark isn't required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

Does a trademark protect a logo?

A trademark can be a word, phrase, symbol or image unique enough to register as a business' exclusive brand. By trademarking a logo, business owners acquire legal protection against counterfeits, copycats and fraud.

Should I get a trademark or LLC first?

4. Should you get an LLC first or trademark? Yes, you should get an LLC first before a trademark because the trademark application will need to identify the LLC as the trademark owner. You should create an LLC or business entity before you file a trademark application.

Can you trademark a first name?

Unlike surnames, personal names (first names and first names used with last names) can act as trademarks without proof of secondary meaning because they are considered to be inherently distinctive.

Can I use trademark without registration?

Unlike other legislation of various different countries, registration of a trademark is not mandatory in India. An unregistered trademark is also protected and has certain benefits. However, an unregistered trademark does not possess the statutory right of infringement.

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Comment by Carmen Johal

dennis runs a plumbing company ez plunger welcome to the trademark factory so what are the benefits of registering my trademarks first of all registration protects your brand all across canada people may only know about you in vancouver but the registration will protect you in toronto calgary and everywhere else in canada wow your registered trademark is a valuable asset it's easier to sell franchise or license out your brand if it's registered as a trademark if your brand is not registered and there's a dispute around it you will have to prove that it is a trademark and that you own it dennis failed to prove that he owns the trademark so dennis loses if it is registered as a trademark it would be up to the other side to prove that your brand is not a trademark or that you don't own it that is why it's much cheaper and easier to win a trademark dispute if you have a registered trademark there's more nobody can get away with infringing on your trademark by saying they did not know you owned it i didn't know it's his trademark your registration certificate is enough proof that everyone knows your trademark the other side failed to prove that dennis does not own the trademark so dennis wins cheaper and easier i like that one of the other benefits usually overlooked is that registration provides free and automatic protection against others registering identical or similar trademarks what do you mean free the trademarks office will not register any trademarks that are confusingly similar to the mark that you applied for or registered that means that simply by applying to register your mark you can prevent a competitor from registering a trademark similar to yours i like it when the government is working for me also don't forget that your registered trademark will appear in the trademarks register which others will usually search when choosing their own brand nah let's look for a different name these guys are serious maybe it's not relevant to you but did you know that foreign companies can't own dot ca domain names unless they have a registered trademark in canada also your canadian trademark registration will make it much easier for you to register your trademark in the us and other countries yeah world domination and yes we can file u.s trademarks for canadian businesses trademark factory is authorized to represent canadians before uspto that's a lot of benefits what do i do now first of all go to our website at trademarkfactory.ca and fill out the form telling us about your brand we will conduct a search analyze the results and provide you with our opinion absolutely free if it can be done we will be happy to help you register it you

Thanks for your comment Carmen Johal, have a nice day.
- Shizuko Mcmahen, Staff Member

Comment by bienio08107

hey there folks Jim Hart back out you hear from Hawthorn lawn today I want to talk to you about seven kind of seven reasons that you should trademark your brand or business name or logo or whatever it might be all right so it's been a couple weeks since I've been talking to you and a couple weeks ago I talked to you about when you should do a trademark for your business or a brand so today I want to talk to you about why you should do a trademark for your business or brand no do not drink a carbonated beverage before you do one of these discussions because you just start belching up the whole time of that alright so seven reasons you need to trademark your brand name or business let's start with number one it protects your brand if you trademark your brand or your business name or your logo or whatever it might be it protects your brand from competitors coming in and trying to steal your brand or trying to make counterfeit goods or do things like that so it's a very inexpensive way to protect your business in the event that somebody tries to copy what you're doing so that's number one the best reason to do it and that's why most people do it and that's what most people think about when they think trademark they think okay I'm doing something to protect my business and that's really the name of the game here folks is you're trying to protect your business from somebody coming in and copycatting your brand or your logo or something like that that's number one reason number two reason that you want to trademark your business or brand is isn't extremely excuse me it is an extremely inexpensive way to invest in your business for filing fees as low as $275 you basically can register your trademark with the US Patent and Trademark Office that's just I mean now if you don't want to do it yourself you can pay an attorney to do it and that's usually gonna cost you another one to two thousand dollars depending on choose to use that's an extremely inexpensive investment into your business the third reason you want to trademark your brand is that once its trademark you can use that little are simple with the the circle around it hold on a second here's the one I'm talking about it's 70 cents you've seen those around now once you do that if you see that on a trademark or a logo or a brand name or something else in the out in the general public there's a company that owns that registered trademark and they have actually filed for and received protection with the United States Patent and Trademark Office that's another main reason you want to do it it gives your brand a little bit of legitimacy knowing that it's trademarked so that nobody's going to come in and I mean they know right away that brand is protected I don't want to mess with it so here's a great one that a lot of people don't know number four it's that if you are doing some sort of e-commerce business specifically maybe even selling on Amazon if you register your trademark for your brand you can file that trademark with US Customs and Border Patrol order protection they can actually block goods from coming into the United States that would be infringing on your trademark or that might be counterfeit goods for your brand so that is a huge benefit to registering your trademark specifically if you're doing aim to have an e-commerce business and you're worried about copycat sellers that is a main reason to do it number five this is also a great one these are I mean let's be honest these are all great reasons to trip to register your trademark but it really increases the value of your brand and this is just a little too bright for me all right that's a little better I think I was starting to see a halo and I'm probably still seeing a little bit of a halo hopefully I'm not blinded by this these lights so if you decide that someday you want to sell your brand by registering the trademarks your brand that's going to greatly enhance the value of your brand in that you want to sell because a lot of times for some people for somebody's coming in to buy your business the value of the business is in the brand that you own and the fact that you have that brand as a registered trademark that isn't a tremendous value to some companies and they will actually put a premium on the price they will pay you just because you have registered that brand that's a really easy way to increase the value of your brand for your logo or something like that is by registering the trademark but specifically if you're looking to sell your business at some point in the future and along those same lines I will tell you I've heard from other people that are that are people that would want to sell their business that when a buyer comes in part of their due diligence is seeing whether or not the brand is trademark if it is not trademarked they want to see that the brand gets trademarked before they're willing to buy so we're gonna actually delay your sale if a seller comes in and they want to make sure your brand is trading month before and the reason they do that you see they don't want to buy your brand if you can't trademark your brand the intellectual property is where all the value comes from make sense sixth reason that you want to register your trademark is once you've done so you can go ahead and sue somebody that some fringes on your brand in federal court I know that doesn't seem like a big deal but it is a big deal because some of these lawsuits can be worth hundreds of thousands of dollars because you're allowed to get trouble damages and attorneys fees that means three times damages and attorneys fees so that would be another main reason you want to make sure that your your brand is trademarked and the last reason we've got today is that by registering your brand it's gonna prevent somebody else from coming in and registering a brand that might be confusingly similar to you because what can happen is if somebody comes in and they see your brand is doing really well and they want to register something that's similar but now that you the same the US Patent and Trademark Office will do a search and they still may decline registration of that brand that might be confusingly similar to yours so that is another really important reason why you want to make sure your brand is trademarked because if it's not and you're Sol and you know what that means alright so there you go seven seven reasons why you might want to register your trademark hopefully you found this helpful if you did please give us a big thumbs up don't forget to comment below and click the link to subscribe over here we'll see you again next time hopefully you're having a great day a great holiday season I'm looking forward to what 2019 has in store for you and for your business and we will talk again very soon take care folks peace out bye bye

Thanks bienio08107 your participation is very much appreciated
- Shizuko Mcmahen

About the author

Shizuko Mcmahen

I've studied invertebrate zoology at Oglethorpe University in Atlanta and I am an expert in sociology of film. I usually feel surprised. My previous job was ballistics expert I held this position for 13 years, I love talking about backgammon and quacking. Huge fan of Phil Mickelson I practice trapeze artistry and collect minerals.

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