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How to Trademark a Clothing Brand – A COMPLETE GUIDE

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How_To_Trademark_A_Clothing_Brand_Michael_Kondoudis.jpg

By Michael Kondoudis, Clothing Trademark Attorney

This is our COMPLETE guide to trademarking a clothing brand.

In the fashion industry, brand identity matters. Brand identity is a key to success when it comes to fashion brands like clothing lines, jewelry brands, and fashion accessories.  After all, your brand is WHO you are and WHAT you deliver to your customers.  That makes your brand as important as style and quality.  

With so much riding on your Clothing Brand, you need to know how to protect it.  That’s where this guide comes in.

CONTENTS

PART I: Protecting a Clothing Brand

  • How do you protect a clothing brand

  • The six most important steps to protecting a clothing brand

  • How do you pick a strong trademark for your Clothing Brand?

  • Why should you register your Clothing Brand trademarks?

  • How do you register a trademark for a Clothing Brand?

PART II: Top Considerations for Trademarking a Clothing Brand

  • Why you should trademark your clothing brand

  • How trademarks protect clothing brands

  • When to trademark a clothing brand

PART III: All About Trademarks and Clothing

PART IV: Which Parts of Clothing Brand Can Be Trademarked

PART V: Frequently Asked Questions

I. PROTECTING A CLOTHING BRAND

How Do You Protect Your Clothing Brand?

You can protect your Clothing Brand by filing a trademark application with the United States Patent and Trademark Office (USPTO). Trademark registration comes with exclusive legal protections for your brand, including your brand name, logo, and catchphrase. Plus, when the USPTO registers your trademarks, you are your brand’s official, LEGAL owner. Trademark registration is the most direct way to protect a clothing brand.

Another way to protect your Clothing Brand is to make sure that you own the domain name for your brand. That will help ensure that your website ranks high in search results for your for your brand name and any phrase or slogan that you may use to market your clothing line.

 

THE 6 MOST IMPORTANT STEPS TO PROTECT ANY CLOTHING BRAND

→1 – Learn the basics of trademarks

→2 – Pick only strong and protectable trademarks 

→3 – Register your Clothing Brand trademarks

→4 – Use your trademarks correctly

→5 – Monitor your brand and fight infringements

→6 – Avoid common brand mistakes

 

Step 1 – Learn The Basics About Trademarks

Trademarks are the foundation of a brand, especially Clothing Brands. They are the reason why customers are willing to pay more for NIKE® shoes, LEVI’S® jeans, or even a KATE SPADE® handbag.

Fashion Brands

What is a trademark?

A trademark is a marketing tool used to represent your brand and distinguish your garments or clothing line from the competition. It is easy to know one brand’s dress shirts from another, for example, because of their trademarks. 

The most common types of trademarks are names, logos, and phrases.

 

What are some examples of trademarks for Clothing Brands?

Examples of trademarks for apparel include company names, designer names, logos, and phrases or slogans. For Clothing Brands, examples of trademarks include:

    • Company names (Old Navy®)
    • Names of the clothing line (Levi’s 501® Jeans)
    • Names of designers (Vera Wang®)
    • Symbols (Nike’s “Swoosh” logo)
    • Slogans (Nike’s “Just do it”)

   

Can a company own a trademark?

Yes, businesses (e.g., corporations, LLCs, s-corps), individuals (e.g., sole proprietors), non-profits, and charities can register their trademarks. 

 

How do trademarks help Clothing Brands?

Trademarks represent brands, including Clothing Brands.  So, when you protect a trademark, you are protecting the brand it represents.  Also, when you have a strong trademark for a Clothing Brand, you can build brand loyalty with customers who recognize your brand’s consistent value and quality.

 

What is the best way to protect trademarks for Clothing Brands?

The best way to protect a trademark for any fashion brand, including Clothing Brands, is to register it with the U.S. Patent and Trademark Office (or “USPTO” for short). Federal trademark registration is official confirmation that you own your brand.  Also, trademark registration comes with significant legal rights, including nationwide exclusivity of use, and a presumption that your trademark is valid. These rights keep your brand strong and unique.

Step 2 – Picking Strong and Protectable Trademarks for Your Clothing Brand

The best trademarks for any brand, including Clothing Brands, are unique and distinctive. Trademarks that are unique and distinctive are generally the strongest. 

 

Why is it important to pick strong trademarks for your Clothing Brand?

Strong trademarks offer more protection for your brand, are easier for your customers to recognize, and the U.S. Patent and Trademark Office is more likely to register them (more on that below).

Unique trademarks

When selecting the trademark(s) that will represent your Clothing Brand, it is important to choose a name that won’t be confused with an existing mark. In other words, try to be original. If your mark is similar to a competitor’s, you may be headed toward an expensive infringement dispute. Your Clothing Brand trademark must be unique with an original name, slogan, and logo to qualify for trademark protection.

Distinctive trademarks

It is advisable to avoid words, phrases, and logos that just describe aspects of your garments. These types of trademarks offer little protection, are not very effective in branding, and are difficult to register. To avoid descriptive marks, try not to incorporate your clothing’s function or qualities into your Clothing Brand trademarks. For example, a clothing line named “Comfy” may sound cute, but it won’t qualify for trademark protection because it’s a description, not an actual name.

 

How do you check to make sure that your Clothing Brand trademark is not similar to a competitor?

The best way to ensure that your trademark is unique is to do a trademark clearance search to see if a competitor has already registered your trademark or one that is similar, which may prevent you from registering your trademark.

A clearance search starts with a preliminary review of the USPTO’s trademark registration database via the Trademark Electronic Search System (TESS).

TESS

If that preliminary search does not identify any issues, then it’s time to move on to a professional search with a legal analysis of the potential effects that any registered trademarks might have on your Clothing Brand. 

Keep in mind that trademarks don’t have to match to conflict. Instead, they just have to be similar enough that confusion is likely, based on a matrix of legal factors, including similarities in the goods, channels of trade, appearances of the marks, and the meanings of the marks.  Also, keep in mind that searching involves design codes, filters, and strategies that make it a job for professionals. So, working with a trademark attorney can be particularly advantageous because they have access to powerful research tools and understand how to compare trademarks.

 

How do you pick distinctive trademarks for your Clothing Brand?

Use the same criteria that the U.S. Patent and Trademark Office uses! The USPTO places trademarks into one of the following four categories, from strongest to weakest:

Fanciful marks (best)

Fanciful marks are invented words. They are not found in a dictionary. Fanciful marks are most likely to qualify for trademark protection.

      • Examples of fanciful trademarks for clothing brands are DIOR, PRADA, ADIDAS
      • Examples of fanciful trademarks for jewelry brands are ROLEX, BULGARI, TACORI

Arbitrary marks  (very good)

Arbitrary marks are existing words that are found in a dictionary but have meanings that are “disconnected” from the products or services being trademarked. Arbitrary marks are less likely to be eligible for trademark than fanciful marks but still likely to qualify for trademark protection.

      • Examples of arbitrary trademarks for clothing brands are GAP, OLD NAVY, POLO, GUESS, UNDER ARMOUR, CONVERSE
      • Examples of arbitrary trademarks for jewelry brands are BLUE NILE, TIFFANY, PANDORA, FOSSIL, CHANEL, HARRY WINSTON 
      • Designer names are almost always arbitrary.  This includes TOMMY HILFIGER, LOUIS VUITTON, KATE SPADE, VERA WANG

Suggestive marks (good)

Suggestive marks are existing words found in a dictionary and have some connection with the products or services being trademarked.  Suggestive marks require “imagination, thought, or perception” to make the connection with the product or service. Suggestive marks may or may not be unique or “distinctive” enough to qualify for trademark protection.

      • Examples of suggestive marks for clothing brands are NIKE and WRANGLER
      • Examples of suggestive marks for clothing brands are TIMEX and RAY-BAN

Descriptive marks 

Descriptive marks are words and images that are “merely descriptive or deceptively misdescriptive” of the products or services listed in the application. Descriptive marks are tough to register. Examples include “soft” for pillows or “warm” for gloves.

Step 3 – Register Your Trademarks

Trademark registration is the best way to protect the trademarks that represent clothing brands. Registration confirms your ownership of your Clothing Brand trademarks, comes with important national legal rights, and prevents competitors from registering similar trademarks.  That makes trademark registration the best insurance against having rebrand.

 

How do you register a trademark for a Clothing Brand?

You register a Clothing Brand trademark by applying to the U.S. Patent and Trademark Office.

USPTO Web Page

The trademark registration process is a Federal legal proceeding that involves Federal law and Federal agency rules.  It can get very complex very quickly, which is why the USPTO recommends that you work with a trademark attorney. Still, the process for registering trademarks for a Clothing Brand has five stages:

(1) deciding which trademarks you want to protect;

(2) deciding which products you are going to sell under your trademarks

(3) preparing and submitting the application,

(4) navigating the application examination process at the United States Patent and Trademark Office (USPTO), and

(5) properly using your trademark on your garments.

Read our detailed guide to registering clothing trademarks here. 

 

How long does it take to register a Clothing Brand trademark?

The application process to register your Clothing Brand trademark can take between 8-12 months, in most cases. 

 

When should you trademark your Clothing Brand?

Most authorities agree that you should start the trademark registration process as early as possible. It can take close to a year, and the sooner you begin the process, the sooner you can confirm that your trademark is registrable. 

Plus, the USPTO will let you apply to register your Clothing Brand trademark before starting your business, and about 50% take advantage of these provisions. 

By starting early, you’ll:

    • Identify potential roadblocks earlier. The U.S. Patent and Trademark Office (USPTO) reviews every trademark application. The earlier you file, the faster you’ll receive word about possible conflicts with any registered trademarks or  other brand issues need to be addressed.
    • Discourage competitors from using similar trademarks. The USPTO adds every new application to the Federal trademark database, where it will be found in trademark searches. More importantly, from the very day your application is filed, it will start blocking your competitors’ applications for similar trademarks!
    • Start the clock towards “incontestability” of your Clothing Brand trademarks. After five years of use, your Federal trademarks can only be challenged in very limited ways, which makes your trademark protections even stronger.

Step 4 – Use Your Trademarks Correctly

It is essential to use your Clothing Brand trademarks correctly. Improper use can negate your trademark rights. Nonetheless, correct trademark use is one of the most overlooked aspects of protecting a Clothing Brand.

 

How to use a trademark on clothing

The best way to use a trademark on clothing is to put the mark on a neck tag, a price tag, or on the breast pocket of a garment. It is also acceptable to put your clothing trademark on packaging and on your website – if it is an online store.

Remember, trademarks represent brands.  So, your customers need to associate your trademarks with your clothing line, not as a design element or “decoration.”

The surest way to make sure your Clothing Brand trademarks are used to identify your brand is to place your name and logo, for example, inside of the garment on a neck tag. If you want to display your logo or brand name on the front of a garment, place small image of the trademark on the breast or breast pocket.to

Another standard option is to place your marks on a hangtag, price tag, label, and/or product packaging.

louis vuitton packaging

Also, it is important to use the correct trademark symbol with your Clothing Brand marks.  After you have registered your trademark (not just applied), you can use the ® symbol. If you have not yet filed, or while your application is pending, you should use the “TM” symbol.  Read more about trademark symbols here.

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Step 5 – Monitor Your Brand and Stop Infringements

After you have registered your Clothing Brand trademarks, you need to be ready to protect them – and your brand. You are responsible for detecting infringements and protecting your brand.


 

How do you protect your trademark registrations?

Protection of any registered trademark, including those for a clothing line, involves the same three strategies:

    •  Monitor for unauthorized uses of your trademarks (or anything similar)
    •  Enforce your trademark rights
    •  Renew your registration(s) at the 5th and 10th year anniversaries

Monitoring for unauthorized uses

Regularly research to see if any competitors are using your trademark (or anything similar). You should take note of any violation of your trademark rights.  

Enforcement

Federal trademarks, those registered by the USPTO) come with significant legal rights and exclusive remedies.  To keep them, however, you have to proactively ask competitors to stop infringements of your trademarks.  This is with a C&D letter.

Renewal

In the U.S., all trademark registrations have to be renewed every 10 years.  Also, every trademark owner is required to prove that the mark is still I use at the 5 year and 10 year anniversaries. 

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Step 6 – Avoid Common Trademark Mistakes

When trademarking your clothing line, be sure to avoid these common mistakes:

    • Relying on copyright law. Under U.S. copyright law, you automatically own the copyright to your designs, sketches, patterns, and other artwork. But, this protection does not extend to the trademarks for your clothing line. Trademarking and copyrighting are not the same thing.  Read more about the differences here.
    • Assuming domain name registration protects your brand. It is always important to secure your Clothing Brand’s domain name. But don’t assume that this provides you with any sort of protection for your Clothing Brand trademarks. Simply registering a domain name isn’t even considered “trademark use” and won’t establish your trademark rights.  
    • Assuming that a business registration protects your brand. Registering your business with the appropriate state and local authorities is important for some legal reasons, never assume this provides you with any protection for your Clothing Brand trademarks.
    • Using your trademark as decoration.  Proper trademark use is as a signal to customers that a garment comes from you. Displaying your trademark as a decorative feature is not proper use. It is better to reserve use of your Clothing Brand trademarks to tags and product packaging.

2. TOP CONSIDERATIONS FOR TRADEMARKING A CLOTHING BRAND

Why Should You Trademark Your Clothing Brand?

Trademarks protect a clothing company’s identity, and the goodwill that it has built up because you’ve delivered quality products under its brand. That is what makes brand identity so important in the clothing business.

The trademarks that represent your Clothing Brand are valuable in many ways.  For example, trademarking your brand is a powerful way to identify and distinguish it from the competition, which:

    • makes it easier and less expensive to identify your clothing products
    • lowers the cost of marketing
    • establishes your brand identity

Additionally, protecting a trademark keeps it strong, and strong trademarks:

    • deter copycats, imitators, and counterfeiters, which protects your hard work and creativity
    • protect the reputation and goodwill you’ll build in your brand
    • encourage your customers to pay a premium for your products because they are confident that they are buying your genuine products
    • prevent competitors from trademarking a similar name, logo, or phrase

The clothing business is competitive.  Without strong trademarks, you risk confused customers buying garments from another company. You’ll lose sales, and other businesses will benefit from the goodwill you’ve built.

If you want to protect your efforts and investments in the design, marketing, and sales of your garments, then you’ll want to trademark your Clothing Brand.

How Do You Protect Trademarks For Your Clothing Brand?

The best way to protect the trademarks for a Clothing Brand is to get Federal trademark registrations for them. Federally registered trademarks come with the strongest and most useful protections.

How to Trademark a Clothing Brand

To trademark a clothing brand, you need to (1) perform a trademark search make sure no one else is using the name or logo you’ve chosen (2) file a trademark application with the U.S. Patent and Trademark Office (USPTO).

 The best way to make sure is to search the U.S. Patent and Trademark Office’s records and an Internet search. By searching the USPTO’s records and an Internet search, you can make sure that no one else is using the name or logo you’ve chosen for your clothing brand. If someone else has already trademarked the name or logo, you’ll need to create new ones or risk a trademark infringement claim. So, performing these trademark searches is important because it can help you avoid legal issues in the future.

After you’ve established that your clothing brand name and logo are unique, it’s time to submit an application to the USPTO.

Why is Trademark Registration the Best Way to Protect a Clothing Brand?

EVERY successful clothing label is based on at least one registered trademark. Why?  Because registered trademarks are powerful legal tools that protect brands, including Clothing Brands.

Registration is official confirmation that you own your brand. So, registering your Clothing Brand trademarks with the USPTO is the best insurance against ever having to rebrand. If you don’t register your trademarks, a competitor could, and THEY will own the exclusive right to use the brand nationally. You’ll have to rebrand or face expensive legal work.

Also, trademark registration comes with the exclusive right to use your name + logo + phrase. This means YOU are the only one who can use them to represent your brand and your registration blocks other clothing companies from registering any trademarks similar to yours.

If you don’t do this to your Clothing Brand trademarks, then anyone can use them. You won’t be able to stop competitors from using your brand.

Should I File My Trademark Application Before or After I Start Using My Trademark?

Many clothing brand owners struggle over whether to file their applications as soon as possible or wait until they begin selling garments. The truth is that there is no “right” answer to this question.  It is a judgment call.  That being said, waiting to file trademark applications for Clothing Brands has some risks.

The main benefit of waiting until after you start selling clothing is that you can submit evidence of use with your new application. The USPTO requires proof that you are using your trademarks on clothing, and that you are using them properly.  These requirements can be satisfied at the time of filing if you are selling clothing.  

But, what many clothing brand owners don’t know is every day of delay is a risk that someone else might apply to register a trademark that is similar to theirs.  If that happens, the USPTO may refuse to register their Clothing Brand trademarks.  Thousands of new applications are filed every day so waiting for a little as a few weeks can become a risk. 

So, most authorities agree that in most situations, it is safer to file new trademark applications early.

You Should Work With a Trademark Attorney to Trademark Your Clothing Brand?

Yes. According to the Wall Street Journal, working with a trademark attorney improves your chances of approval by over 50%. Plus, you’ll be more likely to secure more protection and not overpay Official USPTO fees.

Here are just a few reasons why:

It’s a Federal legal proceeding

When you apply for a Federal trademark, you start a Federal legal proceeding – and it can get complex in a hurry. The many decisions you will need to make are interrelated, and some wrong choices can sink your application from the start – without you even knowing it. It is very easy to submit a fatally defective application and not know it.

80% of all applications face some initial refusal

The USPTO refuses most trademark applications, initially. This is because trademark applications are only approved after the USPTO determines that all of the many legal and procedural requirements are met. Trying to respond to the USPTO on your own fails more often than it succeeds.  Plus, it is very easy to make a problem much worse if you don’t know exactly what you are doing. That’s where an experienced trademark attorney really helps.

The USPTO will not give you legal advice

The U.S. Patent and Trademark Office (USPTO) will not answer your legal questions or give you legal advice. The USPTO forbids it. So, if you have a legal question, or face a legal rejection, you’ll be on your own, unless you have a trademark attorney. Worse, you will still be required to meet every rule and requirement, even if you don’t know or understand them. The USPTO cannot (and will not) give you a break. 

It’s easy to overpay non-refundable USPTO filing fees

Every trademark application requires a filing fee, which is calculated based on the number of “classes” of products and services in the application. These filing fees are not refundable and can amount to $1000 or more – depending on the products and services listed in your application. An experienced trademark attorney can make sure that you only pay for approved classes and that you avoid paying for those the Examiner rejects.

Also, while some companies try to make it seem simple, trademarking your Clothing Brand is actually complicated. The U.S. Patent and Trademark Office recommends that you hire an attorney who specializes in trademarks. While it may be tempting to trademark your Clothing Brand yourself, trademark registrations are complex and difficult for non-lawyers. Working with a trademark attorney can shorten the time it takes to register your Clothing Brand trademarks.

3. ALL ABOUT TRADEMARK CLOTHING

What is Trademark Clothing?

Trademark clothing is clothing that is strongly associated with a designer’s name or fashion brand. Trademark clothing is associated with a name or brand by a clothing trademark. Clothing trademarks are words, names, logos, symbols, or pictures that identify and distinguish different brands of clothing. Clothing trademarks can help protect a clothing brand by ensuring that only one clothing company can use a particular name, logo, or design.

Why is Trademark Clothing Important?

Brand identity is the key to success in the clothing and fashion business. Trademark Clothing is the essence of brand identity. Customers pay more for brand name clothing and fashions. Clothing trademarks protect Trademark Clothing from knock-offs and distinguish clothing from different companies. Strong clothing trademarks also protect brand loyalty built by your creativity and consistent quality. These are just some reasons trademark clothing is important and why clothing companies and fashion designers need to protect their brands, names, slogans, and logos.

Top Four Reasons Trademark Clothing Is Important

  1. To protect your brand from being copied by other designers
  2. To ensure that customers know they’re buying authentic trademarked clothing
  3. To increase customer loyalty and create evangelists for your brand
  4. To generate revenue through licensing agreements

4. WHICH PARTS OF A CLOTHING BRAND CAN BE TRADEMARKED?

What Parts of Your Clothing Brand Can You Trademark?

Clothing trademarks indicate the source of clothing. That means that almost every aspect of a brand, including a Clothing Brand, is eligible for trademarking. For clothing brands, the most popular types of trademarks are names, logos, and phrases.  

 In most cases, it is a good idea to start by trademarking the name or logo that identifies your clothing line. 

If you market your clothing line under a name, consider trademarking the “plain text” version of the name.  For example, Coca-Cola is often presented in red script but has been trademarked as COCA-COLA (no color or script). This approach covers ALL colors and fonts – that’s broad and flexible protection.

If you market your clothing line with a logo, consider trademarking a black and white version of the logo instead of specific colors.  This approach covers all color combinations, which is far broader and more practical than trademarking the specific colors in your logo.

After the name and logo, consider any phrase that you use with your Clothing Brand. For example, Levi’s “Quality never goes out of style,” and Nike’s famous “Just Do It” are two phrases that are as effective as the company names themselves.  These are often overlooked valuable brand assets.

 

Examples of Clothing Brand Trademarks

Examples of clothing trademarks include:

• Logos (like the Chanel “Double C” symbol and Nike’s “Air Jordan Silhouette”)

• Names of clothing lines (Wrangler® jeans and Champion’s “Power Blend” hoodies)

• Names of designers (Calvin Klein® and Dior®)

• Company names (Abercrombie & Fitch® and Reebok®)

5. FREQUENTLY ASKED QUESTIONS

1. Do you need a trademark to start a clothing brand?

There is no legal or regulatory requirement to trademark a clothing brand. Also, Using a name, logo, or phrase establishes some limited common law trademark protections.  Those protections are limited, however, and far less than the protections and rights that come with Federal trademark registration. Read our guide to why you should register your trademarks.

2. Can you trademark a clothing design?

No, you cannot trademark clothing or fashion designs.  Clothing designs do not indicate source, so they are not eligible for trademark protection.  Read our quick guide to trademarks for fashion designs here.

3. Do you copyright or trademark a clothing line?

You trademark the name, logo, or phrase that you use to promote your clothing line. Copyrights protect artistic works and designs for clothing, whereas trademarks protect the name, logo, or slogan used to identify the brand of a clothing company. Read our guide about the differences between trademarks and copyrights and what they protect.

TAKE THE NEXT STEP

Ready to LEGALLY own your clothing brand?

We have a simple, 5 step process we use to help our clients secure their clothing brand trademarks. If you’re interested in protecting your clothing brand, we invite you to book a FREE brand protection strategy session with us here.

How to Pick the Right Trademark Symbol – An EASY GUIDE

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The correct trademark symbol depends on what you are selling and whether you have registered your trademark. So, the answer to the question “what is the right trademark symbol?” is “it depends.”  This easy-to-understand guide explains the basics of trademark symbols, which trademark symbol is right for you, and how to pick the right trademark symbol.

DON’T WORRY

You are not alone!  Most people have questions about trademark symbols. They can definitely be confusing, but don’t let them intimidate you! This guide will walk you through what the different symbols mean, how to pick the correct symbol to use with your trademark and show you some examples of how to use trademark symbols in different media.

 

WHAT IS A TRADEMARK?

A trademark is a marketing tool that helps customers identify the products and services that you sell from those sold by your competition. They let people know that they are buying the “genuine article” — your product or service. Names (words), logos, and slogans/catchphrases are the most popular kinds of trademarks. Trademarks represent brands.

 

WHY DO WE USE TRADEMARK SYMBOLS?

Trademark symbols help the buying public recognize trademarks.  A trademark symbol tells consumers that the word, logo, or catchphrase preceding the symbol is a trademark.  Read our easy-to-understand guide to trademark symbols here.

 

HOW MANY TRADEMARK SYMBOLS ARE THERE?

There are three different trademark symbols. They are:

• TM – for products or goods

• SM – for services

• The letter “R” in a circle ® – for trademarks that have been registered with the U.S. Patent and Trademark Office. 

Trademark Symbols

HOW DO YOU PICK THE PROPER TRADEMARK SYMBOL?  

Picking the correct trademark symbol for your situation comes down to answering two questions:

Question #1 – Have you have registered your trademark with the U.S. Patent and Trademark Office?

      • If the answer is “yes,” then you should use the ® symbol, regardless of whether you are selling services or goods. The ® symbol is reserved for registered trademarks only (applying for a trademark isn’t enough).
      • If the answer is “no,” then you ask yourself:

Question #2 – Are you selling a service or a physical good, or both?

      • If you sell services only (e.g., dentistry, coaching, consulting, entertainment), you can use the SM trademark symbol. SM means “service mark” and it is used by businesses offering services rather than physical goods.
      • If you sell physical goods only (e.g., shoes, cars, pencils, BBQ sauce), you can use the TM trademark symbol. TM means “trade mark” and issued by businesses offering physical goods rather than services.
      • If you are selling both services and physical goods, you can use the TM trademark symbol. 

Tip: You can use the TM trademark symbol for both goods and services.  You can only use the SM symbol for services.

A Comment About Trademark Registration. While unregistered trademarks provide limited common law protection, registration provides several advantages, including greater rights and evidentiary benefits in court. Read more about the advantages of Federal trademark registration.

 

DO YOU NEED TO USE A TRADEMARK SYMBOL?

You are not required to use trademark symbols. Still, it is a good practice to use them.

 

WHY SHOULD YOU USE A TRADEMARK SYMBOL?

Firstly, using a trademark symbol lets customers know what you claim as your trademark.  This, in turn, enhances brand recognition and makes it easier for customers to find your products and services. 

Secondly, using a trademark symbol lets competitors know what you claim as your trademark.  This tends to reduce potential infringement issues by deterring copycats. 

Thirdly, promoting your brand increases its value and recognition. Why would you want to keep your trademark a secret?  

 

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Ready to take the next step toward LEGALLY owning your brand?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting the trademarks that represent your brand, we invite you to book a FREE brand protection strategy session with us here.

How to Protect Your Brand – An Easy Guide

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protect brand with trademark

Building a brand is hard work.  It takes time, money, and effort – along with some luck.  Protecting your brand protects that investment. That makes brand protection important.

This article explores steps anyone can take to maximize brand protection and answers important questions about protecting a brand, including:

    1. How to make sure that you legally own your brand, logo, catchphrase and brand name?
    2. How to trademark your brand?
    3. How to secure your brand on the Internet?
    4. How to claim your brand on social media?
    5. How to monitor your brand’s reputation?

 

How do you protect your brand, logo, brand name, or catchphrase?

To protect a brand, logo, brand name, or catchphrase/slogan, you need to:

    1. Make sure that you legally own your brand
    2. Secure your web address (domain/URL)
    3. Claim your brand on social media
    4. Monitor your brand’s online reputation

 

How do you legally own your brand, logo, catchphrase and brand name?

The best way to ensure that you own your brand, logo, catchphrase or brand name is to register your trademarks with the United States Patent and Trademark Office.  Trademark registration is official confirmation that you legally own the trademark(s) that represent your brand. This is a very important step toward brand protection. 

 

Why is it important to register names, logos, and catchphrases?

Trademark registration means legal ownership of your brand, which means that no one can take it from you.  This makes trademark registration insurance against ever having to rebrand. 

Also, registering your trademarks for your name, your logo, and a catchphrase (or slogan) will give you the nationwide right to use them. If you don’t, then your competition can use them.

Plus, if someone else trademarks your name or logo first, they’ll own the exclusive right to use it nationally. You’ll likely have to rebrand. That’s why it’s important to protect your trademarks as early as possible.

Further, social media services like Facebook, Instagram, and Twitter have policies to protect brands against abuse and infringement – so long as you can establish ownership and valid rights. Federal trademark registration makes establishing ownership and validity mere formalities.

Read about 7 legal reasons to register here.

Read about 7 practical reasons to register here.

 

How Do You Get a Federal Trademark?

You have to apply to the U.S. Patent and Trademark Office to register and then navigate an examination process. The Federal trademark application process is much more than just filling out online forms (that’s the easiest part of the process).  The USPTO will only grant your application after you have met all of their many legal and procedural requirements.

Here’s how to start the process to trademark your product name:

  1. Select a strong, protectable name.
  2. Check the availability of your product name as a trademark.
  3. Collect your information and decide on a strategy for your Federal trademark application.
  4. Prepare and file your new application (correctly).
  5. Start using the right trademark symbol with your product name.

 

What Can You Trademark?

Every element of your brand can be a trademark. The possibilities are almost limitless. The four most common types of marks are:

    • Brand Names: usually your company name
    • Logos: your company logo or other graphic used to brand your business
    • Slogans: the catchphrase used to promote your business
    • Product Names: the name of your product if it’s unique

In most cases, brand names and logos are the cornerstones of most brands. For example, Apple Inc. protects its brand with a combination of its name “Apple”, its apple logo, the slogan “Think Different”, and product names like “MacBook” and “iPhone”.

Other examples can include:

    • Podcast Names
    • Blog Names
    • Fonts
    • Product Shapes
    • Webinar Names
    • YouTube Channels

 

How do you protect your brand, logo, catchphrase and brand name on the web?

You protect your brand on the web by owning the home for your website. This means purchasing the domain name for your brand. A domain name is the web address that identifies a website. For example, the domain name for Google’s search engine is google.com.

Domain names are an essential part of a modern business brand. As soon as you come up with your business name, it’s important to stake your claim to the domain for it.

You need to lock up the domain as soon as possible – vven if you’re not planning to build a website right away. If you don’t, your customers will always have difficulty finding you online. Worse, the domain name you want – the one that goes perfectly with your brand – could be held hostage by a cybersquatter. It takes time and money to free a domain held hostage.

Tip: Always consider purchasing your domain name with alternate extensions, such as .net, .biz and .org, in addition to .com. This will prevent anyone else from riding on your coattails.

But Beware: A common misconception about domains is that they come with trademark rights. They do not. In contrast to trademarks, domain names do not identify the source of goods and services. Also, domain names are registered through a domain registrar (like GoDaddy), while trademarks are registered through the U.S. Patent and Trademark Office.

 

How do you protect your brand, logo, catchphrase and brand name on social media?

You protect your brand on social media by claiming the social media handles for them.

It is important to own all of the social media handles associated with your company and its brands. If you don’t, they may be at risk for misuse. Ironically, a company can own the business name but may not have much recourse against a competitor that has secured the same business name on social media. Can you say “the early bird gets the worm”?

The easiest way to avoid this situation is to be the first to claim social media accounts for your company name, as well as brand names on the major social media platforms. Even if you don’t have a plan on how to use social media to market products/services, at least you’ll have peace of mind knowing that these valuable online brand assets are secured.

This is a base strategy to consider:

On Facebook

  • Company Name Page (ex. Nike.com/Nike)
  • Brand Page (ex. Facebook.com/Nike)

On Instagram

  • Company Handle (ex. Nike)
  • Brand Pages (ex. Nike Classics)

On Twitter

  • Company Handle (ex. @Nike)
  • Brand Page (@NikeClassics)

 

How do you monitor your brand’s reputation?

The three best ways to monitor your brand are to: (1) set up relevant Google alerts; (2) read and respond to testimonials and reviews; and (3) identify and engage with industry influencers.

 

a. Google alerts

It is always a good idea to listen to your customers and track what people are saying about your brand – especially online.

One of the most convenient ways to stay abreast of your brand reputation is to set up one or more Google alerts. They are free and easy. The most important alerts would be for your company name, product name(s), your industry, and key competitors.

Conversations about your company, products, and industry, whether on the web or social media, can be invaluable to building/improving the customer experience (and more sales).

Also, these alerts will warn you when someone else is using your business name, a similar name, or a similar trademark, so you can address the infringement.

 

b. Reading and responding to testimonials and reviews

Customers who leave testimonials and reviews represent your most motivated brand ambassadors. That makes knowing and understanding what they say about your brand an important part of any reputation management strategy. 

There are many online resources that make monitoring testimonials and reviews easier than it has ever been. Three of the best resources are: Google My Business; Birdeye; and Yelp.

Also, be proactive about testimonials – positive or not. Your responses can still frame the narrative about your brand.

 

c. Identify and engage influencers

Influencer marketing is booming. It seems like everyone these days is trying to engage influencers.  The primary benefit of working with influencers is the opportunity to target their existing audiences and extend your brand reach.  And, because of their existing audiences, influences represent tremendous opportunities to communicate your brand’s narrative – or counter a false or less than flattering story.

 

Ready to take the next step toward LEGALLY owning your Brand?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your YouTube Channel Brand, we invite you to book a FREE brand protection strategy session with us here.

How to Trademark Your Brand – From An Attorney

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Protect Your Brand with Trademarks

Knowing how to trademark a brand name is a smart move for any business. Protecting your brand through trademark registration keeps it safer and makes it stronger than just crossing your fingers and “hoping” that you’ll never have a brand dispute. Registering a trademark increases the value of a brand and protects the investment in time, money, and effort you’ve put into it.

In this article, we will delve into what a brand is, how trademarks relate to brands, and how to protect your brand by registering trademarks.  Along the way, we’ll answer important questions, including:

  1. What is a brand?
  2. What do trademarks have to do with brands?
  3. What can you trademark?
  4. Why is registering a trademark of a brand name important?
  5. How do you trademark a brand name?

 

What is a brand?

A brand identifies a business or organization.  Your brand is how your customers recognize and interact with your business or organization.  Brands identify a business and reflect its personality, objective, and values.

Branding is important.  It is WHO you are, WHAT you do, and WHY you do it. 

A brand is more than just a product or company name and logo. It is a way to shape perceptions and expectations.

 

How do you legally own a brand?

Federal registration is the most certain way to ensure that you legally own your brand.

 

What do trademarks have to do with brands?

Trademarks, such as names, logos, designs, and slogans, represent and reflect brands.  Names, logos, phrases (slogans) are the most common types. The Nike swoosh, Coke’s “have a Coke and a smile” slogan, and the Google name are all examples of trademarks that represent and reflect famous brands. They all help customers find the products and services they like, increasing sales and repeat customers.

So, a company name can certainly be an important facet of your brand.  So, too, are your logos, catchphrases, and stylized presentations of your company and product names (e.g., think Disney in its distinctive script). 

Also, the term trademark often refers to the legal protections given to names, logos, and slogans.

 

What Can You Trademark?

Almost any device that is used to brand a product or service can be a trademark. The three most common things that a business can trademark are:

  • Names: usually, your company name or the name of your product
  • Logos: your company logo or other graphic used to brand your products
  • Phrases (slogans): the catchphrase used to sell your products

In most cases, names and logos are the cornerstones of brands.

 

Why is it important to register a trademark for a brand?

Registering your brand’s trademark(s) is essential because it is the strongest protection you can get for them.  A registered trademark is an official confirmation from the U.S. Government that you own it, which is insurance against ever having to rebrand. Also, a registered trademark gives you the exclusive and nationwide right to use your brand.  Plus, you get to use the ® symbol.  

Some small business owners believe trademarking is only for big corporations. Nothing could be further from the truth! Small businesses need to safeguard their hard work and brand as much – if not more – than large companies.

It is more important for small businesses to register their trademarks because they are less able to survive losing their brand. Also, registration of a trademark prevents a competitor from registering it. Plus, trademark registration lends instant credibility.

In business, you can build your brand around your company name, logo, slogan (or catchphrase), and product name.

Read about what a business should register.

The process of registering a trademark is often referred to as “trademarking.”

 

How do you trademark a brand name?

The process of trademarking a brand name (or logo) includes four main steps:

    1. Selecting a strong trademark
    2. Filing a trademark application to register it
    3. Navigating the trademark examination process
    4. Using the trademark correctly

 

Why selecting a strong brand name is important

Trademarks are not created equal. Some types are strong while others are not. It is always best to pick a brand name that can be a strong trademark.

Choosing a brand name that can be a strong trademark will save time, money, and future brand issues. Strong trademarks cost less to promote because they are more memorable and unique to your brand. Plus, the stronger your mark is, the easier and less expensive it will be to register with the U.S. Patent and Trademark Office.

Also, courts always give the broadest protections to strong marks.

 

1. Picking a strong brand name

The key to picking a strong brand name is to do more than just describe your product or service. Instead, try to choose words that are abstract or unrelated to your industry.  After that, try to pick a brand name that “alludes to” or “suggests” a feature of your product or service.

Also, the more abstract and the less descriptive your brand name is, the less likely it is to be close to anyone else’s.  That tends to make it more unique and more likely that you are the first to come up with your brand concept.

Learn more about how to pick strong trademarks.

Here, it is advisable to have an in-depth trademark search performed and the results professionally reviewed.  A professional search can help identify any existing trademarks that the U.S. Patent and Trademark Office might use to deny your application.

 

2. Filing a trademark application for the brand name

You have to apply to the U.S. Patent and Trademark Office to register a trademark.  So, once you’ve searched and cleared the brand name you want to trademark, it’s time to prepare your trademark application.

The Federal trademark application process is much more than just filling out online forms (that’s the easiest part of the process).  The USPTO will only grant your application after you have met all of their many legal and procedural requirements.

 

3. Navigating the examination process

After the USPTO receives your application, a USPTO attorney (“Examiner”) will review it. This process is commonly referred to as “examination.” In this step, the Examiner determines whether your trademark poses a potential conflict with any other registered trademarks and if it meets all USPTO standards for trademark registration. This process can take between 4-8 months.

Registering your trademark is a complex procedure that involves your application moving through various stages. It is a Federal legal matter and there are many factors that affect how long it takes to register a trademark. In fact, there’s no guarantee your trademark will ever register.  This is why the U.S. Patent and Trademark Office recommends that applicants work with a trademark attorney.

Read how working with a trademark attorney can boost your chances of success by 50%.

 

4. Using your trademark correctly

It is important to use the exact mark that you register.  Also, it is advisable to use the correct trademark symbol with it.  After registration, you can use the ® symbol.  Learn about trademark symbols here.


Ready to take the next step toward LEGALLY owning your Brand?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your YouTube Channel Brand, we invite you to book a FREE brand protection strategy session with us here.

5 Easy Ways to Protect Your Brand

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Easy Button

Building and maintaining a brand isn’t easy. It takes time, hard work, and focus. So, protecting those investments in your brand makes sense. Still, many small businesses overlook the crucial first step – securing their trademark.

Trademarks are devices that businesses use to identify their products and to distinguish them from competitors. Sure, they identify and differentiate your products. But, more importantly, they represent your brand, which is the promise to your customers that builds brand loyalty.

The single best way to protect a trademark is Federal registration. Federal registration helps block the registration of other marks that are similar to yours. It also allows use of the ® symbol and may even help stop cybersquatters from registering similar domain names. But, that process can take several months – it involves the Federal government after all!

Still, you don’t have to sit idle. Here are five actions you can take right now to protect your good name and brand:

    1. Create a Google Alert for your business and product names
    2. Secure your domain name – even if you don’t have a website
    3. Claim your social media identity
    4. Confirm that you’ve picked names and logos that trademark law will protect
    5. Apply for a Federal Trademark Registration before you start using your brand

 

1. Create Google Alerts

An easy and free way to monitor for copycats is to set up a Google alert for your business and product names. If you discover a possible infringement, contact the offender. Alerts can also help keep informed about competitors if you set them up that way. See www.google.com/alerts for more information.

Tip: A Google alert will also help you maintain the health of your brand by alerting you to online comments about it.

 

2. Secure the Domain Name – Even if You Won’t Have a Website

If you want to spread brand awareness, keep customers up-to-date with the latest happenings or simply have potential customers learn more about your brand, then you’ll need a website. Securing a domain name that incorporates your trademark is one of the most effective and cost-effective ways to protect your brand. Even if you do not expect to have a website, it is always better to have the option and to prevent others from taking your domain.

Tip: When choosing a domain name pick one that is unique, short, easy to remember, easy to type. Also, consider purchasing .com, .net and .org versions for branding. This will prevent anyone else from riding your coattails.

 

3. Claim Your Social Media Identity

It’s a good idea to claim a Facebook page and Twitter name early in the naming process. It is hard to oversell the importance of social media.

Tip: Set up a vanity URL for your Facebook page. Facebook will award a vanity URL once you’ve got 25 fans or “likes.”

 

 

4. Be Sure You’ve Selected a Name Trademark Law Will Protect

Trademarks are not created equal. They are subject to varying degrees of protection based on their “distinctiveness,” which is their ability to indicate source. A generic name will receive less protection than a name that is unique (e.g., “Uber” will receive very strong protection, while “car service” may not even be eligible). Also, common words may also receive strong protection if they are abstract or meaningless in context (e.g., Apple for computers or Amazon for e-commerce).

Tip: The more creative your mark is, the greater the odds that it is “distinctive.”

Read more about protectable trademarks here.

 

5. Apply to Federally Register Your Trademark BEFORE You Use

Registration with the U.S. Patent and Trademark Office is a critical step to protect any brand. In the old days, trademark owners were forced to wait to apply applying for Federal registration until they began using their marks. No longer! Today, the they can file applications before they start actual use.

Tip: Federal registration adds your mark to the Federal trademark database, which is the primary resource for trademark searches. This reduces the chances of a competitor unknowingly picking a name that is close to yours.

Read about trademark registration here.

 

Bonus Tip – Conduct Internet Searches for Your Name

Web searches and domain name searches can alert you to any existing use. Be sure to use several different search engines because they use different algorithms to collect and present search results. Also, search for names with and without quotation marks. This will get the most out of the different search algorithms used by the different search engines.

 

Ready to take the next step toward LEGALLY owning your Brand?

You worked hard to build your brand, and a trademark ensures you’re the only one who can profit from all of that work. Every brand has the potential to become extremely valuable, including yours. Trademark it and profit from it—it’s your right!

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your YouTube Channel Brand, we invite you to book a FREE brand protection strategy session with us here.

 

7 Surefire Strategies to Protect Any Brand

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Your business’s brand may not be as well-known as Coca-Cola or Google or Netflix, but it is still important.

After all, your brand is WHO you are, WHAT you do, and WHY you do it. If you plan on being in business for any amount of time, you’ll be building a brand.               

And remember, people don’t have relationships with products; they are loyal to brands. That’s why protecting your brand is so important.

But, with the rise of the Internet, brand names are increasingly at risk of being infringed upon, whether purposely or inadvertently, or even stolen.

You DO NOT have to sit idle and hope for the best. There are definitely things you can do right now to protect your brand!

 

Seven Ways to Protect Any Brand

    1. Pick compelling names and logos you can protect
    2. Register your name and logo with the U.S. Patent and Trademark Office
    3. Secure the domain name for your brand
    4. Use your brand the right way
    5. Claim your brand identity on social media
    6. Monitor your brand’s reputation
    7. Deal with infringement immediately
    8. Maintain your trademark registration(s)

 

1. Pick compelling names and logos you can protect

There’s no one-size-fits-all formula for picking great names and logos. The best ones balance a host of considerations — some as evident as the kind of business you do, others as unique as your personal taste and style. There are, however, a few guidelines that will steer you in the right direction. The best business names are:

  • memorable
  • distinctive
  • easily spelled and pronounced
  • web-friendly.

Perhaps most importantly, however, be sure to pick names and logos that can be strong trademarks.

How? Here are some suggestions:

a. Do an Internet search and a trademark search to see if someone else uses your new name or logo. If there is already a competitor in your space using a name or logo that is the same or similar to yours, you would be wise to pick new ones. In addition to investing in a brand that you probably won’t be able to protect, you may expose your new business to a claim of trademark infringement. Besides, if the name and logo are popular, it will be next to impossible to stand out from the competition.

b. Pick a name and logo that compliment each other. Complimentary names and logos cooperate to form the foundation of brands.

c. Pick a name or logo that can qualify for trademark protection
Trademarks represent brands. The three most common trademarks of a business brand are:

    • Names: usually, your company name or the name of your product.
    • Logos: your company logo or other graphic used to brand your products
    • Phrases (slogans): the catchphrase used to sell your products.
      In most cases, names and logos are the cornerstones of a brand.

Trademarks protect brands by stopping competitors from using the same (or similar) name or logo for their products or services. When you protect your trademark, you protect the brand behind it.

But beware! All trademarks are not created equal. Some offer far more protection than others and are much easier to register with the U.S. Patent and Trademark Office (more about that below)

Tip: Try to be distinctive by picking names and logos that are unrelated to your products and services.  Think APPLE for computers or GOOGLE for Internet search engines.  These are the strongest trademarks and are the easiest to register. 

 Tip: Stay away from names and graphics that describe your product or service (e.g., “Bob’s lawn care” or “The Seafood Shoppe”).

Learn more about picking strong trademarks.

2. Register your name and logo with the U.S. Patent and Trademark Office.

If you rely on a trademark to sell products or services, you should register that trademark with the U.S. Patent and Trademark Office (the USPTO). It is a critical step to confirm your ownership of your brand. It stops competitors from registering your brand for their business and makes enforcing your rights easier.

In short, Federal trademark registration is the single best way to protect the trademarks that reflect your brand. There is no higher level of protection. So, it is the best insurance against having to rebrand.

Why?

Because only one company can own a brand for an industry, typically, it’s the one that gets the Federal trademark(s) for it first.

Plus, rebranding is painful and expensive. At some point, you might face a challenge from a competitor over your brand. If you haven’t registered your trademarks, you could find yourself in a battle over your brand.

Also, the USPTO will immediately begin rejecting applications for “similar” marks. So, registration will prevent competitors from registering other marks that are even similar to yours.

Plus, your trademark will show up in everyone’s clearance searches, which will deter competitors from starting to use similar marks.

In the end, Federal registration makes enforcement easier and less expensive because it comes with important and exclusive legal rights and options.

Tip: Working with an experienced trademark attorney and increase your chances of success at the U.S. Patent and Trademark Office by 50%. (The Wall Street Journal, When It Helps to Have a Lawyer, April 10, 2013). Plus, you’ll avoid overpaying the Government fees (they’re non-refundable).

Tip: Federal registration adds your mark to the Federal trademark database, which is the primary resource for trademark searches. This means your mark will appear in everyone else’s searches, which reduces the chances that someone will pick a name that is close to yours and unwittingly infringe on your brand.

Learn more about why trademark registration is so important for your brand.

 

3. Secure the domain name for your brand.

If you want to spread brand awareness, keep customers up-to-date with the latest company news, or simply have potential customers learn about your brand, then you need a website.

A domain name is the web address that identifies a website. For example, the domain name for Google’s search engine is google.com.

Tip: Always consider purchasing your domain name with alternate extensions, such as .net, .biz and .org, in addition to .com. This will prevent anyone else from riding on your coattails.

Domain names are an essential part of a modern business brand. As soon as you come up with your business name, it’s important to stake your claim to the domain for it.

Even if you’re not planning to build a website right away, you need to lock up the domain. If you don’t, your customers will always have difficulty finding you online. Worse, the domain name that you want – the one that goes perfectly with your brand – could be held hostage by a cybersquatter. It takes time and money to free a domain held hostage.

A common misconception about domains is that they come with trademark rights. They do not.

Here’s why.

In contrast to trademarks, domain names do not identify the source of goods and services. Also, domain names are registered through a domain registrar (like GoDaddy), while trademarks are registered through the U.S. Patent and Trademark Office.

You can bridge the gap between the two, however, by securing a domain name that includes your trademark. So, if you sell BIG MAC sandwiches, then a domain bigmacsandwiches.com should be a priority.

Tip: Set up automatic renewal on your registrations so that you don’t inadvertently lose them due to non-renewal.

 

4. Use your brand (the right way).

The more you use your trademarks – brand names, logos, and slogans – the stronger and more distinctive they become and the more your likely customers are to remember your brand.

Tip: If your trademark is a name or catchphrase/slogan, be sure to set the words off from other text with a distinctive font, ALL CAPS, bold, italics, or underlining.

Plus, the more you use your trademarks, the more proof you will have that they belong to you.

For example, an e-commerce business can put its logo on shipping boxes, packaging, and packing slips. A retailer can have employees wear shirts with the store’s logo on them. An online store can include its name and logo in the website header. All businesses can use their trademarks on social media, too.

Tip: Use the right trademark symbol. There are three: TM, SM, and the letter R in a circle — ®. The TM and SM symbols are used with unregistered marks. The Federal registration symbol, or ®, is reserved only for marks registered in the U.S. Patent and Trademark Office.

But be careful! It is critically important to use the exact trademark that you registered. If you use different versions of a logo, for example, it will be much harder to prove that it is your trademark.

Read our guide about trademark symbols.

 

5. Claim Your Identity on Social Media

Social media is an important marketing tool, and that won’t change any time soon. So, it is important to own all of the social media handles associated with your company and its brands. If you don’t, they may be at risk. Ironically, a company can own the business name (e.g., via LLC formation in your specific state) but may not have much recourse against a competitor that has secured the same business name on social media. The saying “the early bird gets the worm” was never more true!

The easiest way to protect social media handles is to trademark your company or brand name. This is because social media services like Facebook, Instagram, and Twitter have policies to protect brands against abuse and infringement – so long as you can establish ownership and valid rights. Federal trademark registration makes establishing ownership and validity mere formalities.

Trademark registration also expands protections in third-party online marketplaces like Amazon. The Amazon Brand Registry, for example, is an important and powerful brand protection tool. When you enroll, Amazon will look for and stop trademark violations. But Amazon restricts enrollment to Federal trademarks.

Tip: Set up a vanity URL for your Facebook page. Facebook will award a vanity URL once you reach 25 fans or “likes.”

 

6. Monitor your brand’s reputation

It is always a good idea to listen to your customers and stay aware of your reputation – especially online. Conversations about your company, products, and industry, whether on the web or social media, can be invaluable to building/improving the customer experience (and more sales).

Also, be proactive about testimonials – positive or not. Your responses can still frame the narrative about your brand.

Tip: An easy and free way to track what people are saying about your brand is to set up a Google alert. This will help alert you when someone else is using your business name, a similar name, or a similar trademark illegally, so you can take action quickly. See www.google.com/alerts.

 

7. Deal with infringement immediately

Every business has at least one common law trademark. As a trademark owner, it’s up to you to monitor and protect your trademarks – or risk losing them. The U.S. Patent and Trademark Office, for example, does not get involved with enforcement, and multiple users of an unregistered trademark can render it unprotectable by anyone.

Tip: When you find that a competitor is using your trademark or one that is really close, talk with an experienced trademark attorney. You may need to send a “cease and desist” letter.

 

8. Final thoughts

Building a brand takes hard work, and a trademark ensures that you’re the only one who can profit from all that effort. Plus, it makes all of the other important brand protection steps on social media and the web much easier. Remember – the very same tools and strategies that Google, Apple, Nike, and Coca-Cola use to protect their brands are available to you – if you know what they are and how to use them.

 

Ready to take the next step toward LEGALLY owning your Brand?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your YouTube Channel Brand, we invite you to book a FREE brand protection strategy session with us here.

How to Copyright a YouTube Channel Name

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     By Michael Kondoudis, YouTube Trademark Lawyer

The correct way to protect a YouTube Channel name is with a trademark, not a copyright.  This article explains how and why a trademark can protect the name of a YouTube Channel.

 

Can you copyright the name of a YouTube Channel?

No, you cannot copyright the name of a YouTube Channel. Names, including the name of a YouTube Channel, do not qualify for copyright protection.  Examples of names that cannot be copyrighted include:

  • The name of an individual (including pseudonyms, pen names, or stage names)
  • The name of a business or organization
  • The name of a band or recording artist
  • The name of a product or service
  • The name of a character
  • A domain name or URL

The way to protect a name, including a YouTube Channel Name, is with a trademark. Read more about how to trademark Your YouTube Channel.

 

How do you copyright a YouTube Channel Name?

In short, you cannot copyright the name of a YouTube Channel. Names, including the name of your YouTube Channel cannot be copyrighted. But you can often TRADEMARK the name of a YouTube Channel. 

 

How do you protect a YouTube Channel Name?

The best way to protect a YouTube Channel Brand is to trademark the name, logo (artwork), and slogan that you use to promote it. Trademarks are the easiest and best way to protect any brand. Read more about when you can trademark a YouTube Channel.

 

Why should you protect the name of your YouTube Channel?

The name of your YouTube Channel is the cornerstone of your YouTube Brand, and branding on YouTube is as important as your content.  Trademarking your YouTube Channel Name will:

  • identify you as the source of your YouTube content
  • provide legal protections for your YouTube Channel Brand
  • help guard against imitations and copycats

Read more about why you should trademark your YouTube Channel.

 

Do you need help with your trademark?

Talk to an Attorney Today

What is a trademark?

A trademark is a signal to consumers that distinguishes the source of goods or services from one enterprise from those of others.  Trademarks represent and protect brands, including YouTube Channel brands. The most common trademarks are words (names), phrases, and logos. 

 

What is a copyright?

A copyright is a type of intellectual property that protects creative works, including performances, musical, and artistic works. Examples of copyrightable works include novels, songs, paintings, photography, and movies.

Since the name of a YouTube Channel is not a creative work, it does not qualify for copyright. Read more about the differences between trademarks and copyrights.

 

Register Your Trademark or Copyright

Federal registration of the name of your YouTube Channel ensures that it is protected.  And, working with an experienced trademark attorney maximizes your chances of success during the application process; maximizes your trademark protections; and minimizes how long it will take.  Learn why here.

For these reasons (and many others that are far beyond the scope of this article), the U.S. Patent and Trademark Office encourages applicants to work with a trademark attorney. So, do yourself and your business a favor. Hire an experienced trademark attorney. You’ll maximize your chances of success, minimize the risk of overpaying the Government for your trademark, get a better result, and save yourself time and worry.

TAKE THE NEXT STEP

Ready to LEGALLY own your YouTube channel?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in legally owning your YouTube channel name, we invite you to book a FREE brand protection strategy session with us here.

Trademark vs. Copyright – AN EASY GUIDE

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Trademarks protect brands from imitations.  Copyrights protect creative works from copying.

This is our new EASY guide to trademarks, copyrights, and the differences between them.  So if you want to understand how to use trademarks and copyrights to protect your hard work, then this guide is for you.

PART I: Trademark 

    • What is a trademark?
    • How do trademarks do?
    • What can be a trademark?
    • How do you protect a trademark?
    • Where do you register a trademark?

PART II: Copyright

    • What is a copyright?
    • What does a copyright do?
    • What can be copyrighted?
    • How do you protect a copyright?
    • Where do you register a copyright?
    • What goes into a copyright notice?

PART III: Differences Between Copyright and Trademark

PART IV: Trademark vs Copyright vs Patent

PART V: Frequently Asked Questions

PART I: TRADEMARKS

In this section, we’ll go over the basics of trademarks and what they protect.

What Is A Trademark?

A trademark is a distinctive word, phrase, symbol, or other “signal” that represents your brand identity. They tell customers which products or services come from your business. A trademark distinguishes your products (or services) from the competition and helps stop imitations. 

When you protect a trademark, you protect the brand that goes with it.

What Does A Trademark Do?

Trademarks represent brands. A trademark tells customers which products or services come from your business. So, trademarks help customers identify your business as the source of a product or service. A trademark individualizes a product or service and differentiates it from the competition.

• Trademarks help customers find the products and services that they like, which helps make them repeat customers.

• Trademarks also help customers recommend products and services to their friends, which is free marketing.

• Trademarks convey stability and trust and tap the human preference for visuals, which makes your marketing more effective and less expensive.

What Can Be A Trademark?

Almost anything that identifies and distinguishes a business’s products or services can be trademarked, including  words, names, phrases, symbols, designs, sounds, characters, colors, and color schemes, so long as they are used as a brand. 

The most popular types of marks are names, logos, and slogans because they represent brands so well.

How Do You Protect a Trademark?

The best way to protect a trademark is to register it and get a Federal Trademark. 

Where Do You Register a Trademark?

The U.S. Patent and Trademark Office (USPTO) registers trademarks. To get a trademark registration, you need to apply to the USPTO and then navigate an examination process. Trademark registrations are granted by the USPTO.

PART II: COPYRIGHTS

In this section, we’ll go over the basics of copyrights and what they protect. 

What Is A Copyright?

A copyright protects creative and artistic works like songs, books, photographs, movies, and performances.  Copyrights ensure that artists and creatives are rewarded for their artistry.

A copyright gives you the exclusive right to use a work in a variety of ways: including:

    • Reproducing the work
    • Preparing derivative works based upon the work
    • Performing the work publicly
    • Displaying the work publicly

What Does A Copyright Do?

Copyrights empower authors and creatives to control how their artistic works are reproduced, distributed, performed, and displayed.

The primary purpose of copyrights is to encourage and reward authors and creatives. By protecting creative works, artists and creatives are encouraged to create new works.

What Can Be Copyrighted?

Almost any artistic or creative work can be copyrighted.  They protect against unauthorized copying of creative works. Examples of artistic and creative works that can be copyrighted include:

  • Books, novels, and stories
  • Poems
  • Photographs and paintings
  • Movies and videos
  • Song lyrics and sheet music
  • Sound recordings

How Do You Protect A Copyright?

Copyright protections are automatic.  They begin the very instant that you create an artistic work.  This means you do not need to register your work for it to be protected. But unregistered works may be difficult to protect if they are copied, and you can only file a copyright infringement lawsuit if your copyright is registered. So, while registration isn’t required for copyright protection, registration with the U.S. Copyright Office is usually a good choice.  

Where Do You Register A Copyright?

The U.S. Copyright Office, which is part of the Library of Congress, registers copyrights. To get a copyright registration, you need to apply to the Copyright Office and then navigate an examination process. Copyright registrations are granted by the U.S. Copyright Office. 

After applying to the Copyright Office, you should consider adding a copyright notice to your work.  It is not a requirement but is a good practice because it shows that you own the creative work and deters others from using it without permission. 

What Goes Into A Copyright Notice?

A copyright notice includes the following three items:

  • The copyright symbol © or the word “copyright”
  • The name of the copyright owner
  • The year of publication

PART III: DIFFERENCES BETWEEN COPYRIGHT AND TRADEMARK

In this section, we answer the question “what is the difference between copyright and trademark?”

A Difference Between Copyright And Trademark And Copyright

One difference between copyright and trademark is what they protect. Copyrights protect artistic, creative works of authorship such as plays, books, movies, and songs. Trademarks protect brands such as names, logos, and phrases.

Another Difference Between Copyright And Trademark 

Another difference between copyright and trademark is how they are registered. Copyrights are administered by the U.S. Copyright Office, a part of the Library of Congress. In contrast, trademarks are administered by the U.S. Patent and Trademark Office.

Other Differences Between Copyright and Trademark

Additional differences between copyright and trademark is duration and legal protection. 

Copyrights last for the life of the author plus 70 years, while trademarks can last indefinitely, as long as they are renewed every 10 years. Also, copyrights give the owner the exclusive right to reproduce, distribute, and display their work, while trademarks only give the owner exclusive rights to use the mark in connection with their products or services.

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Top 7 Differences Between Trademark And Copyright

1. Trademarks protect brands, copyrights do not

2 Copyrights protect creative and artistic works, trademarks do not

3. Trademarks must be used in commerce, copyrighted works do not need to be used in commerce

4. Trademarks are administered by the U.S. Patent and Trademark Office, copyrights are not

5. Copyrights are administered by the Copyright Office of the Library of Congress, trademarks are not

6. Copyrights last for the life of the author plus 70 years, while trademarks can last indefinitely

7. Copyrights give an owner the exclusive right to reproduce, distribute, and display their work, while trademarks give an owner exclusive rights to use the mark in commerce

PART IV: TRADEMARK VS COPYRIGHT VS PATENT

In this section, we compare protections of trademarks vs. copyrights vs. patents.

Patents, copyrights, and trademarks are different types of intellectual property. Each one offers different protections for different types of intangible properties (i.e., brands, creative works, and inventions). The distinctions among the three can be subtle, and often the same product or service may involve more than one of these intellectual property or “IP” rights.

The key to understanding the differences between trademarks, copyrights, and patents is in what they protect.

 

Trademarks protect brands.

Trademarks distinguish a company’s products from the competition and help customers find and rely on brands they know and trust.

Names, logos, colors, and even sounds can all be trademarks – if they are used to distinguish products.

Federal trademarks, the most common and most valuable type, are granted by the U.S. Patent and Trademark Office. They continue indefinitely so long as they are renewed.

 

Copyrights protect creative works.

Copyrights ensure that artists and creatives are rewarded for their artistry.

Novels, movies, poetry, photographs, songs, and even computer software can be protected by copyrights.

Copyright protects the form of expression (e.g., words) rather than the mode of expression (i.e., paper).

Copyrights are administered by the Copyright Office of the Library of Congress.

 

Patents protect inventions.

Patents help encourage inventors to keep inventing.

Patentable works include “new” and “useful” machines, industrial processes, chemical compositions, and even some plants. There are two main types of patents:

(1) Utility patents for how something works (e.g., machines, articles of manufacture, or compositions of matter);

(2) Design patents for how something looks (ornamental features).

Patents are granted exclusively by the U.S. Patent and Trademark Office in exchange for public disclosure of the invention in the patent document.

PART V: FREQUENTLY ASKED QUESTIONS ABOUT COPYRIGHT VS TRADEMARK

In this section, we answer frequently asked questions about copyrights vs. trademarks .

1. Do you trademark or copyright a logo?

You trademark a logo.  Logos are trademarked.  You protect a logo by trademarking it. With a logo trademark, you can prevent competitors from using your logo in connection with their products or services. Logos are not copyrighted.

If you have a logo, and you want to protect it, then you need a trademark.  Famous examples of trademarked logos are the McDonald’s “Golden Arches” and the Nike “Swoosh.”

When a logo is trademarked, competitors will not be permitted to offer products or services under the same logo or anything similar.

Logo = trademark

 

2. Do you trademark or copyright a name?

You trademark a name.  Names are trademarked.  You protect a brand name by trademarking it. With a name trademark, you can prevent competitors from using your name in connection with their products or services. Names are not copyrighted.

If you have a product and want to protect the name, you would need a trademark.  Famous examples of name trademarks include IPHONE® and BIG MAC®.   

When a name is trademarked, competitors will not be permitted to offer products or services under the same name or anything similar.

Name = trademark

 

3. Do you trademark or copyright a business name?

You trademark a business name.  Business names are trademarked.  You protect the name of a business by trademarking it. With a name trademark, you can prevent competitors from using your business name in connection with their products or services. Business names are not copyrighted.

If you have a business and want to protect its name, you would need a trademark.  Famous examples of trademarks for business names include GOOGLE®, APPLE®, and COKE®.

When a business name is trademarked, competitors will not be permitted to offer products or services under the same name or anything similar.

Business name = trademark

 

4. Do you trademark or copyright a phrase?

You trademark a phrase.  Phrases are trademarked.  You protect a phrase by trademarking it. With a trademark, you can prevent competitors from using your phrase in connection with their products or services. Phrases are not copyrighted.

If you have a service and want to protect a phrase that you use to brand it, you would need a trademark.  Famous examples of trademarks for phrases include DON’T LEAVE HOME WITHOUT IT® and WHAT’S IN YOUR WALLET?®.

When a phrase is trademarked, competitors will not be permitted to offer products or services under the same phrase or anything similar.

Phrase = trademark

 

5. Do you trademark or copyright a slogan?

You trademark a slogan.  Slogans are trademarked.  You protect the slogan of a business by trademarking it. With a trademark, you can prevent competitors from using your slogan in connection with their products or services. Slogans are not copyrighted.

Well-known examples of slogans for businesses include and Apple’s THINK DIFFERENT® and McDonald’s I’M LOVIN’ IT®.

When a slogan is trademarked, competitors will not be permitted to offer products or services under the same slogan or anything similar.

Slogan = trademark

 

6. Do you trademark or copyright a stage name?

You trademark a stage name.  Stage names are trademarked.  You protect a stage name by trademarking it. With a stage name trademark, you can prevent competitors from using your stage. Stage names are not copyrighted.

If you have a stage name that you want to protect, you would need a trademark. Famous examples of trademarks for stage names include LADY GAGA, DRAKE, SPIKE LEE.

Stage name = trademark

How We Secure Trademarks for Our Clients

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We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your character, we invite you to book a FREE brand protection strategy session with us here.

Which Trademark Symbols Should You Use? – In Plain Language

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registered trademark symbol

If you have a Federal trademark registration, you should use the letter R in a circle — ®. Otherwise, you should use TM or SM.  Trademark Symbols matter.

 

Knowing which trademark symbol you should use (and when to use that symbol) can be confusing. There are different symbols for different types of trademarks. This blog answers these questions – in plain language.  This post discusses and answers the following important questions:

  1. How many trademark symbols there are
  2. What the different trademark symbols mean
  3. When to use each of the different trademark symbols

 

How many trademark symbols are there?

There are three trademark symbols. 

 

What are the different trademark symbols? 

The three trademark symbols are:

  1. the small capitalized letters TM
  2. the small capitalized letters SM, and
  3. the letter R in a circle — ®

 

Which trademark symbol should I use?

It depends on whether you have a federal registration for your trademark.  Read about all of the advantages of Federal trademark protection here.

If you have a federal registration for your trademark, then you can and should use the ® symbol, which is sometimes referred to as “the circle r.” The ® is the most recognizable trademark symbol and signals that a trademark is protected by federal law.

If you DO NOT have a federal registration for your trademark, then you should use the TM or SM symbols next to your trademark.  This includes while your application for federal trademark registration is pending at the U.S. Patent and Trademark Office (USPTO).  Until the USPTO issues your official registration certificate, you should not use the ® symbol.

A word of warning.  It is unlawful to use the R if you have not registered your trademark with the U.S. Patent and Trademark Office. So, just don’t do it.

 

 

 

What does the TM trademark symbol mean?

The TM symbol is short for trademark. The TM symbol is often seen in superscript like this: TM If your brand is for a product (toothbrushes, t-shirts, mobile apps), you should use the TM symbol.

 

What does the SM trademark symbol mean?

The SM symbol is short for service mark. The SM symbol is often seen in superscript like this: SM If your brand is for a service (accounting, landscaping, entertainment), then you should use SM.

 

What does the ® trademark symbol mean?

The ® symbol is short for registered trademark. This symbol can be used with any type of registered trademark, including names, logos, phrases, and slogans.  Read more about when and how to use Trademark Symbols here.   

 

Ready to take the next step toward LEGALLY owning your Brand?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your name, logo, or slogan, we invite you to book a FREE brand protection strategy session with us here.

Can You Trademark A YouTube Channel Name?

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Branding on YouTube is as important as content. You need to know how to protect both.

Can You Trademark YouTube Channel

By Michael Kondoudis, YouTube Trademark Attorney

Consistent branding, through your copy, images, and artwork, tells your story and the “why” behind your channel.  It is a powerful way to make a connection with viewers and subscribers. Branding is the key to attracting and retaining viewers and subscribers. The importance of protecting your YouTube Channel Brand cannot be overstated.

This blog answers the question: Can you use trademarks to protect a YouTube Channel?

If you need to know if trademarking can help you, read on.  This guide is for you.

Let’s get started!

Can You Trademark a YouTube Channel?

Yes, you can trademark a YouTube channel. A YouTube Channel is an entertainment service, which is protectable by trademarks. So, you can trademark your YouTube Channel name, logo, and slogan used to promote your YouTube channel.

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Do You Need to Trademark a YouTube Channel Name?

Yes, you need to trademark the name of your YouTube Channel. YouTube is becoming more popular every day.  Great names for great channels are very valuable.  If you do not protect the name of your YouTube Channel, anyone can use it and possibly even steal it.  If that happens, you would be forced to rebrand.

What Parts of a YouTube Channel Brand Can Be Trademarked?

The name, logo, or slogan used to promote your YouTube channel can be trademarked.

It is helpful to think of a YouTube Channel like a television network. After all, both provide audiovisual entertainment. Television networks like ABC, CBS, and NBC trademark their names, their logos, and their slogans (e.g., “proud as a peacock” or “must-see tv”).  So, you can (and should) do the same with your YouTube Channel Brand.

Read why trademarks are the ultimate protection for any brand.

What Parts of a YouTube Channel Cannot be Trademarked?

Not every part of a YouTube channel can be trademarked.  You cannot trademark content, such as videos and photos. Trademarks protect how you identify and promote your content. A trademark will not prevent another YouTuber from creating videos that are similar to yours. 

But, there is good news.  YouTube provides resources for content creators to file copyright complaints to stop unauthorized use of your content. 

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How Do You Trademark a YouTube Channel?   

To trademark a YouTube Channel name, logo, or slogan, you need to apply to the U.S. Patent and Trademark Office.  Learn about how here. 

A word of warning – filing an application starts a Federal legal proceeding that can be very confusing and complicated.  For this reason, and many others, the U.S. Patent and Trademark Office recommends that you work with a trademark attorney.  Learn why.

When Should You Trademark a YouTube Channel?

Most experts agree that you should trademark a YouTube channel brand earlier rather than later. If you plan on investing your valuable time, energy, and creativity into building a YouTube brand, if it generates a decent amount of income, or you are interested in live streaming, you should trademark your YouTube Channel name as soon as possible. 

Condensed Summary

When It Comes to YouTube Channel Names, Trademarks are Your Best Friend

The answer is clear – you trademark a YouTube channel name. Trademarks are specifically designed to protect brand identifiers like YouTube channel names, logos, and slogans.

The U.S. Patent and Trademark Office (USPTO) accepts applications to trademark YouTube channel names, and applicants register trademarks for YouTube channel names every day. Trademarking a YouTube channel name offers stronger and broader protection, ensuring that you have the exclusive legal right to use the mark and prevent the use of any mark that is identical or confusingly similar to your trademark.

 

When It Comes to YouTube Content, Copyrights are What’s Called For

You copyright YouTube content, like vidoes. Copyrights shield creative and expressive works like movies, TV shows, songs, and plays from copying.

 

Why Trademark a YouTube Channel Name Instead of Copyrighting It?

Trademarks protect brands, like names of YouTube Channels.  Copyrights protect expressive and creative works, like YouTube videos and other content.  So, you trademark the name of a YouTube Channel and you copyright the vidoes you put on your channel. 

 

Summing Up: Trademark Your YouTube Channel Name for the Best Protection

So there you have it! Next time someone asks you whether to copyright or trademark a YouTube channel name, you can confidently tell them to go for a trademark registration. This option provides stronger and more comprehensive legal protection for business owners looking to safeguard their YouTube channel names and brand identifiers.

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