Why Trademark Your Startup?

Why Trademark Your Startup?

Trademarking is very essential to new businesses, but first time entrepreneurs are not adept with the nuances of securing a trademark and often do not realize how vulnerable they are when operating a business without one.

Why Trademark Your Startup?

1. It helps protect your business identity
2. It protects against others using the same or similar business name or logo
3. It provides solid proof of your legally protected rights
4. Federal trademark registration rights extend nationwide
5. A trademark registration is an asset (it may be licensed or sold).
6. Registering company names and domain names alone does not provide trademark protection.

Must-Know IP Law (Patent, Trademark and Copyright)

Beware of mimicking a famous brand; most popular iconic brands such as Coke, McDonald’s and Pepsi are protected by the Trademark Dilution Revision Act.

Search Google to see if your intended trademark already exists.

Reasons why your trademark may be rejected

• If it is likely to cause confusion, mistakes or deception with a mark already registered
• If it simply contains a generic name
• If it primarily describes or deceptive about the geographic origins of goods and services
• If it is primarily merely a surname
• If it is deemed immoral, deceptive or scandalous
• If it falsely suggests a connection with people, institutions, beliefs or national symbols
• If it uses the portrait, name or signature of any living person without the approval of the person concerned

The Federal Trademark Registration Process

1. Select your trademark

2. Hire a Trademark Attorney

Registering a trademark is a LEGAL process with many potential trap doors. Hence, it is advised to hire a trademark attorney to guide you through the trademark search and application process.

3. Availability Search

Doing a search by yourself may prove to be disastrous. It is likely you are not familiar with what could create a conflict.

A trademark search must be comprehensive and complete to rule out any potential legal conflicts.

Doing an inadequate research is a major reason many trademark applications are rejected by the government.

Do I Need a Lawyer to Register My Trademark?

4. Application

Your attorney will draft and file your application with the USPTO (IN USA) OR THE TRADE MARKS REGISTRY (IN INDIA).

If approved you will receive a trademark registration certificate and if refused, you will receive a refusal notice.

5. Monitor and Protect

It is your responsibility to monitor and enforce your trademark rights. Failure to monitor can cause complete loss of trademark rights (regardless of having federal registration).

COPYRIGHT  VS TRADEMARK