Trademarks + The Law Archives - Page 5 of 8

How to Do a Trademark Lookup – The COMPLETE GUIDE

January 24, 2022 by Michael Kondoudis

A trademark lookup and a Google trademark search can save you thousands of dollars and BIG legal headaches.

By Michael Kondoudis, Small Business Trademark Attorney

This is our complete guide to trademark lookups. If you need to lookup a trademark or learn all there is to know about trademark lookups this guide is for you.

CONTENTS

→ Why a trademark lookup is important

→ When to do a trademark lookup

→ Where to do a trademark lookup

II. HOW TO DO A TRADEMARK LOOKUP

→ How to do a trademark lookup in four steps

→ Do you need the help of a trademark attorney?

IV. FREQUENTLY ASKED QUESTIONS

ABOUT TRADEMARK LOOKUPS

What is a Trademark Lookup?

A trademark lookup is a search to check if a trademark is available for you to register, is already registered by someone else, and whether another business is using it. A trademark lookup includes a national search at the U.S. Patent and Trademark Office (USPTO), local trademark searches of various State trademark databases, and the Internet.

What Does a Trademark Lookup Do?

A trademark lookup is a search to make sure that your proposed trademark is distinctive and eligible for trademark registration with the U.S. Patent and Trademark Office (USPTO). Distinctiveness is one of the requirements for every trademark.

The purpose of a trademark lookup is to find marks that are the same or similar to yours and learn whether they have been registered with the USPTO. Similar trademarks can affect your ability to (1) register your trademark with the USPTO and (2) legally protect your trademark.

Why Do a Trademark Lookup?

A trademark lookup can help you avoid costly and time-consuming issues if someone else has already trademarked your name, logo, or phrase. Typically, only one business can own a name, logo, or phrase for an industry and it is almost always the one that trademarks it first. A trademark lookup can make the registration process go more smoothly.

Also, a trademark lookup can help find out if your mark is too similar to any one else’s trademark. When marks are too similar, the risk of trademark infringement grows.

Plus, a trademark lookup can help avoid the most common reason that a trademark is rejected by the U.S. Patent and Trademark Office – similarity to another trademark.

The top reason most common reason a trademark application is rejected by the U.S. Patent and Trademark Office is a “likelihood of confusion” with an existing trademark. A trademark lookup is a way to find roadblocks to your trademark before wasting your time, money, and effort branding your business with it. Also, trademark infringement is avoidable. Conducting a trademark lookup before starting your business can help you avoid these expensive and time-consuming mistakes.

The Top Five Reasons to Do a Trademark Lookup

1. To find out if your trademark is distinctive

2. To find if your trademark is similar to someone else’s

3. To find if your trademark infringes someone else’s

4. To find who owns a specific trademark

5. To make the registration process go more smoothly

Do You Have to Do a Trademark Lookup?

No, you do not have to do a trademark lookup. There is no legal or regulatory requirement that you perform a trademark lookup. A trademark lookup is optional – not required. Still, it is a good idea to do a trademark lookup/search before you use a mark in commerce or attempt to register the mark with the United States Patent and Trademark Office (USPTO).

Why Should You Do a Trademark Lookup?

A trademark lookup gives you a chance to pick a different trademark before wasting your time, money, and effort branding your business.

Looking up trademarks is an important step in protecting your brand and business. A trademark lookup can help you find out if anyone else has registered your trademark or is already using it. This information can help you decide whether to pursue trademark protection for your mark and avoid potentially costly infringement and rebranding.

If you start a business using a name that someone else has already registered or been using, you risk being sued for trademark infringement. Trademark infringement does not require intent – it can be unintentional. You may also be forced to rebrand. These expensive and time-consuming problems can sink a small business or startup.

Suppose you apply to the U.S. Patent and Trademark Office to register your name, and it is not available because someone else has already registered it. In that case, your application will be denied without a refund of the fees. Plus, you could be facing an infringement problem. A trademark lookup can help you avoid these costly problems.

Also, if you plan to apply to register your trademark, a trademark lookup can increase the chance that your application will be accepted.

So, there are many reasons to search a potential trademark, including:

to help determine the availability of your trademark for registration and use
to avoid infringing another business’s trademark
to avoid having to rebrandS

Do you need help with your trademark?

When Should You Do a Trademark Lookup?

You should do a trademark lookup as early as possible after you decide to adopt a trademark, and preferably before you begin using it, according to most authorities – including the United States Patent and Trademark Office (USPTO).

You should perform a trademark lookup before using a mark to avoid any possible trademark infringement claims. If you are forced to rebrand because your new mark infringes on someone else’s, you would lose your investment in your trademark and brand.

Also, you should perform a trademark lookup before you attempt to register the mark with the United States Patent and Trademark Office (USPTO). Adopting a trademark that you cannot legally protect with a trademark registration is not a smart business decision.

In the end, the timing of any trademark lookup or search depends on your particular circumstances. But, in almost all situations, you can never do a trademark lookup too early in the process of developing a product or business.

Pro Tip: Almost all of the time, it is best to do a trademark lookup as early as possible before you begin using a trademark.

Where Do You Do a Trademark Lookup?

You perform a trademark lookup by searching the U.S. Patent and Trademark Office (USPTO) trademark database, state trademark databases, and the Internet.

1. The USPTO Trademark Database – TESS

You start a trademark lookup with the USPTO trademark database, which includes all of trademarks that have ever been registered in the United States, along with marks that are pending or have been refused registration. This database is available via the USPTO’s Trademark Electronic Search System (TESS) located at: https://tmsearch.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk

2. State Trademark Databases

You continue a trademark lookup with each state trademark database, which includes only trademarks registered in that state. Here, it is important to keep in mind that you need to search beyond your state’s database.

3. Google Trademark Search

You complete a trademark lookup with a Google trademark search. Search for the elements that comprise your trademark. This step is critical to find common law trademarks (unregistered trademarks) that may conflict with your mark.

These are free resources, but they take time to visit and some knowledge and skill to search well.

Another option is to hire a trademark search company. This option is easier and faster than the free trademark lookup options but comes with costs, which vary by service provider. However, this trademark lookup option almost always returns better and more complete results than free DIY trademark lookups.

Where Do You Check Availability of a Trademark?

You can search all applied-for and registered trademarks free using the U.S. Patent and Trademark Office’s Trademark Electronic Search System (TESS).

You may also visit the USPTO’s Public Search Facility or a Patent and Trademark Resource Center to look up trademarks. These resources are free to the public.

HOW TO DO A TRADEMARK LOOKUP

How to Do a Trademark Lookup – The Four Steps of Every Trademark Lookup

A trademark lookup is a four-step process that involves a national trademark search, a state-by-state trademark search, an Internet trademark search, and a review of the search results. These four steps are how a trademark lookup is performed:

(1) Start with a USPTO trademark lookup by searching the USPTO’s trademark database using the Trademark Electronic Search System (TESS).

(2) Continue with a state-by-state trademark lookup by searching all 50 state trademark databases.

(3) Follow with a Google trademark search for evidence of use in commerce on websites and social media.

(4) Review the search results looking for any “likelihood of confusion.”

Trademark Lookup Step 1 – A USPTO Trademark Lookup

The Trademark Electronic Search System (TESS) is a database of all registered and applied-for trademarks in the United States. Each record in TESS consists of many searchable elements about each trademark. The chances of the USPTO rejecting your trademark and infringing on someone else’s are higher when shared elements exist.

To run a USPTO trademark search, use the USPTO TESS search engine available on the USPTO website at www.uspto.gov.

Enter your trademark into the search field to search the USPTO’s trademark database.

Beware: The USPTO will reject your trademark application if there is a “likelihood of confusion” with another registered mark. So, it is a good idea to search for exact matches and for any trademarks that are close to yours using variations of your trademark (e.g., different spellings, abbreviations, and plurals).

Trademark Lookup Step 2 – 50 State Trademark Lookups

To run a state trademark search, use a state’s trademark online search engine available on the state’s government website. The easiest way to find these sites is with an Internet search using the terms “State” and “trademark search.” Below is an example of the Maryland Secretary of State’s trademark search engine:

Enter your trademark into the search field to search for a state’s trademark database.

Be warned: State trademark registrations are only enforceable within a state. State trademark rights are not national like those that come with a USPTO trademark registration.

Do you need help with your trademark?

Trademark Lookup Step 3 – GOOGLE Trademark Search

Conduct a Google trademark search. Input search terms relevant to your trademark, business, product, services, and customers. A Google trademark search can return a high number of results. Pay particular attention to the search results returned by the search that relate to social media.

Surprisingly to some, it can be very effective to Google trademarks. The scope and reach of Google is tremendous. When you Google trademarks, you are using the best search algorithms and the Internet’s widest search tools.

Trademark Lookup Step 4 – Review the Search Results

Trademark searches can sometimes return hundreds of results, so it is important to narrow the results before reviewing them. This key is to identify trademarks that are relevant to your potential trademark, based on any “likelihood of confusion.” Here, it is advisable to consult with a trademark attorney because, as the United States Patent and Trademark Office warns, determinations of “likelihood of confusion” are “complicated.”

If, after searching trademark databases and the Internet, you find that a trademark is already in use for similar or related goods or services to your own, it may be best to opt for another trademark. Similarly, if the trademark isn’t registered but appears likely to conflict with other trademarks under trademark law principles (likelihood of confusion), trademark registration may not be a wise choice.

Do You Need an Attorney for a Trademark Lookup?

Yes. According to the United States Patent and Trademark Office (USPTO), deciding what to search for and interpreting your results can be complicated because there are so many factors to consider in determining any likelihood of confusion. Also, the USPTO is prohibited from (1) telling you how to do a clearance search for your mark, (2) searching for you, or (3) interpreting your search results.

That’s where trademark attorneys come in. We can do all of these things and give you legal advice about your brand.

Plus, the USPTO also warns that “you may wish to consider hiring a U.S.-licensed attorney to advise you throughout the application process.”

Note: If you are a foreign-domiciled applicant, you must have a U.S.-licensed attorney represent you at the USPTO.

In the end, while it may not be mandatory to consult with a trademark attorney when selecting or registering your trademark, it is a good idea. The trademark registration process involves investing time, money, and your brand. A trademark attorney can help you (i) decide whether a trademark is confusingly similar to yours, (ii) can help you with a trademark search, and (iii) help you register the trademark with the USPTO.

CONDENSED SUMMARY

To search for registered trademarks at the USPTO, visit the Trademark Electronic Search System (TESS) website. TESS provides access to registered marks and their respective trademark classes. There are 45 trademark classes, and they are divided into two categories: goods and services. Searches can also be conducted at the Patent and Trademark Resource Center.

When searching for a particular trademark on goods or services, it is important to use the USPTO’s tips to get the most accurate results. For example, when searching for a mark that is used on clothing, it is best to use the word “clothing” in the keyword search instead of just “apparel.” This will help to return all registrations that include the word “clothing” in the description of goods.

It is also important to note that inactive registrations and applications can be found in TESS. Inactive registrations are those that have not been used for five years or more and have not had any recent legal proceedings filed against them. If an individual is interested in using an inactive mark, they should file an application to revive the mark.

After conducting a search through TESS and the Patent and Trademark Resource Center, you may want to do further research on the availability of a trademark. This can be done by searching through state trademark registers and online resources that list common law trademarks.

A common law trademark is one that isn’t registered with the USPTO but is still used in commerce. Common law trademarks arise from the actual use of the mark and provide nationwide protection. The main disadvantage of common law trademarks is that they don’t have the same level of protection as federally registered trademarks. This means that common law trademarks can be challenged more easily.

To do a search for state trademarks, go to the website of the state in which you’re interested. Each state has its own trademark register. The website will usually have a search engine where you can input keywords to find registered trademarks.

There are also several online resources that list common law trademarks. One such resource is the United States Patent and Trademark Office’s (USPTO) database of Registered Trademarks Applied for and Used in Commerce. This database includes marks that are registered with the USPTO and marks that are protected under common law.

FREQUENTLY ASKED QUESTIONS

1. How do I look up trademarks for free?

To look up trademarks for free, you can use the Trademark Electronic Search System (TESS) on the United States Patent and Trademark Office (USPTO) website. You can also visit the USPTO’s Public Search Facility or a Patent and Trademark Resource Center near you. These resources enable you to search for registered or applied-for trademarks by keyword, including design elements if your mark includes one.

Also, they are free to the public.

If you’re not sure how to conduct a search, the USPTO has a number of resources to help you, including online tutorials and guides, and free in-person help at their Public Search Facility and Patent and Trademark Resource Centers.

2. Can I see if a name is trademarked?

Yes, you can see if a name is trademarked by using the trademark name search on the USPTO’s Trademark Electronic Search System. This search will show you all trademarks that include that name. So, if you are not sure if a name is trademarked, do a free search on TESS.

To search the USPTO’s trademark database, go to TESS. Choose a search option. If you are searching for a name, use the trademark name search. If you are searching for a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.

5. TRADEMARKS LOOKUP

What is trademarks lookup?

A trademarks lookup is a search for trademarks at the U.S. Patent and Trademark Office (USPTO). A trademarks lookup is a free way to search for trademarks that might be too similar to your mark. A close similarity between trademarks is one of the most frequent reasons why a trademark application is rejected.

Why do a trademarks lookup?

The main reason to do a trademarks lookup is to avoid the most common reason that a trademark is rejected by the U.S. Patent and Trademark Office (USPTO) – confusing similarity.

If your mark is so similar to a trademark that has already been registered that people are likely to get confused, the USPTO must reject your application.

So, by performing a trademarks lookup before you apply to register a trademark, you can see if someone else already registered that trademark or a similar one.

Why is a trademarks lookup important?

By doing a trademarks lookup can help you avoid wasting time and money on trademark applications that cannot be granted because of similarities to other trademarks. Trademark lookups save you money, time, and frustration.

TAKE THE NEXT STEP

Take the next step toward LEGALLY owning your trademark!

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.

Michael Kondoudis

For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

NFTs and Trademarks: THE ULTIMATE GUIDE

December 20, 2021 by Michael Kondoudis

By Michael Kondoudis, NFT Trademark Attorney

This is the ultimate guide to NFTs and trademarks.

Interest in non-fungible tokens (NFTs) is increasing. So too are the number of companies that have filed trademark applications for their NFT brands. In 2020, the U.S. Patent and Trademark Office received just 20 trademark applications for NFT brands. In 2021, that number was over 1400! NFTs are not just for fine art and collectibles anymore.

So, if you’re ready to learn about NFTs, trademarks, and how to protect NFT brands, this guide is for you.

CONTENTS

PART I: THE BASICS OF NFTs AND TRADEMARKS

What NFTs are and what they do
Examples and uses of NFTs
NFT trademarks

PART II: INTELLECTUAL PROPERTY AND NFTs

How Trademarks apply to NFTs
How Patents apply to NFTs
How Copyrights apply to NFTs

PART III: PROTECTING NFTs WITH TRADEMARKS

How to protect an NFT
Why trademarking an NFT is a good idea
Which parts of an NFT brand can be trademarked

PART IV: HOW TO TRADEMARK NFTs

When to trademark an NFT
Where to trademark an NFT
The NFT trademarking process
The common trademark classes for NFTs

PART 5: FREQUENTLY ASKED QUESTIONS

1. THE BASICS OF NFTs + TRADEMARKS

What does NFT mean?

NFT stands for “non-fungible token.”

Non-fungible means, more or less, that something is not interchangeable. Instead, it is one-of-a-kind, individual, and not replaceable. So, for example, a Picasso painting is “non-fungible” because it is one-of-a-kind and irreplaceable. In contrast, a $1 bill is fungible because someone can swap one for another that is essentially the same.

What is a Non-Fungible Token?

A non-fungible token or NFT is a digital asset that can be used to represent unique, one-of-a-kind assets – usually crypto-properties. An NFT can technically contain anything digital, including drawings, animated GIFs, songs, or items in video games. NFTs can also represent a wide range of property assets that exist in the real world property such as a piece of art, a song, videos, collectibles, and even real estate.

NFTs cannot be copied because their digital ownership is tracked with blockchain technology, and it is one-of-a-kind uniqueness that makes an NFT valuable.

Purchasing an NFT is akin to buying an original Jackson Pollack painting. While prints may be available, only you own the original.

What do NFTs do?

NFTs allow you to buy and sell ownership of unique digital and physical items and keep track of who owns them using the blockchain. Blockchain records cannot be forged because they are maintained by thousands of computers worldwide.

NFTs can have only one owner at a time, and blockchain technology secures their ownership information. This prevents the easy copying of digital assets, which historically reduced the market for digital assets. In this way, NFTs ensure the authenticity of unique properties, especially collectible digital properties (crypto-collectibles).

Now, because NFTs can ensure the uniqueness and ownership of digital assets, the markets for digital assets are skyrocketing.

Do you need help with your trademark?

How is an NFT different from a cryptocurrency?

An NFT is built on the same technology as cryptocurrencies, but they differ in one crucial aspect – interchangeability. Cryptocurrencies are “fungible,” meaning they are interchangeable. In contrast, an NFT cannot be exchanged or swapped.

What are some examples of NFTs?

Theoretically, NFTs can be used for any property that is (1) unique and (2) needs provable ownership. So, NFTs can represent almost any physical or virtual property, including:

- Digital artwork
- A limited run of sneakers
- An essay
- Digital collectibles
- Domain names
- Tickets
- Debts
- Parcels of real estate

How are companies using NFTs?

The most immediate uses for NFTS include brand control, increased revenue, brand awareness, and enhancing trust/authenticity.

Authentication: Many brands leverage blockchain NFT technology to create an authentication system for their customers. For example, luxury brands are issuing serial numbers for their products and using NFTs to provide authentication services. Trust in the authenticity of high-end items protects the market for those items and their marketability.

Brand Awareness: More and more companies and organizations are creating brand awareness by licensing their brands through the release of NFT packages. NFTs for bespoke footwear, clothing, and artwork are increasingly sold at auctions.

New streams of revenue: More and more companies and organizations are creating new revenue channels by licensing their brands and authenticating digital products by NFT packages. Music bands, for example, may license their branding or images to release exclusive digital content for their fans.

Brand Protection: Only the owners of trademarks can use them, this includes the owners of NFT trademarks. When you trademark the name of your NFT, you are the only one who can use that name for NFTs and crypto-properties.

What is a trademark?

A trademark is a badge of origin that distinguishes the source of goods (or services) from one enterprise from those of others. The most common trademarks for NFTs are names and logos.

Trademarks prevent consumer confusion by ensuring that competitors cannot use the same or similar name or symbol. This exclusivity is particularly valuable when it comes to NFTs because their value is based on authenticity and trust.

A Federal trademark is an enhanced trademark that has been certified by the U.S. government. It comes with exclusive nationwide legal rights.

What do trademarks protect?

Trademarks protect brands, including NFT brands and properties represented by NFTs.

Can an NFT be trademarked?

Yes. NFTs can be trademarked. Trademarking an NFT is the best way to protect your NFT brand. NFTs can definitely be trademarked.

What is an NFT trademark?

An NFT trademark is a trademark for a non-fungible token that represents digital media, virtual goods, digital collectibles, and other crypto-assets that can be bought, sold, exchanged, and transacted using blockchain technology. Examples of a trademark for an NFT would be a footwear brand trademarking its name for:

• Downloadable digital media namely, digital assets, digital collectibles, digital tokens and non-fungible tokens (NFTs)

• Provision of an online marketplace and registry for buyers and sellers of digital assets, digital collectibles, digital tokens and non-fungible tokens (NFTs)

• Digital assets and digital collectibles sold as non-fungible tokens (NFTs)

See U.S. trademark application no. 97212947 filed by Crocs, Inc.

2. INTELLECTUAL PROPERTY AND NFTs

NFTs are a new technology and are the cutting edge of digital and e-commerce. So, it should be no surprise then that NFTs and digital commerce raise many intellectual property (IP) law questions. The creation, monetizing, promotion, selling, trading, transferring, and storage of NFTs come with important trademark, patent, and copyright implications.

How does Trademark apply to NFTs?

To be clear, trademark protection definitely apples to an NFT. Trademarks protect brands, including NFT brands. Trademarking an NFT ensures that no one else can use the same or similar name or logo for their NFT. Trademarking an NFT ensures that no one else can use your name or logo, which keeps them distinctive. Trademark protection is a must for any brand owner who wants to protect their NFTs. That’s how trademarks apply to NFTs.

Trademark = protection for names and designs for your NFT

How do you get the most trademark protection for an NFT?

To get the most trademark protection for an NFT, a brand owner should review its existing trademarks and, if needed, apply for additional trademarks for digital assets, crypto-assets, and virtual goods authenticated by NFTs. This is how to get the most protection for the name of an NFT.

How do Patents apply to NFTs?

Patent protection applies to NFTs. Patents protect inventions, including crypto and blockchain-related inventions. A patent makes it illegal for anyone else to use your invention. Examples of crypto and blockchain inventions include methods of authenticating and transferring NFTs and new ways to mint cryptocurrencies. That’s how patents apply to NFTs.

Blockchain patents are increasing in number and value, and the U.S. Patent and Trademark Office is granting more and more of them.

Patent = protection for crypto and blockchain inventions

How does Copyright apply to NFTs?

Copyright applies to NFTs. Copyrights protect from copying creative works and software, including NFTs and the assets that they authenticate. For example, a one-of-a-kind collectible, authenticated using blockchain technology, can be copyrighted.

Copyright = protection from copying of your digital/crypto-asset

3. PROTECTING NFTs WITH TRADEMARKS

How do you protect an NFT?

The best way to protect an NFT is to trademark the name and logo you use to brand the NFT. Trademarks protect brands, including NFT brands. Trademarking your NFT name is the best way to protect it.

• Can you legally protect your NFT name?

Yes, you can legally protect the name of your NFT with a trademark. Trademarking your NFT name is official confirmation that you legally own it. Confirming the legal ownership of the name of your NFT enhances customer trust in the authenticity of the asset represented by your NFT.

• How do you protect your NFT name?

The most effective way to protect the name of your NFT is to trademark it. Trademarking your non-fungible token name will protect it by giving you exclusive rights to your token name and preventing others from using the same or similar name for their NFTs.

• Many brand owners wonder if they can trademark the name of their NFT.

To be clear, the answer is YES. You can trademark an NFT name, and an increasing number of businesses have applied to trademark their non-fungible token names! In fact, the U.S. Patent and Trademark Office is seeing a surge in trademark applications for NFTs.

- - 2020 – 20 applications
  - 2021 – 1400+ applications

Trademarking the name of your NFT is the most effective way to protect it and the brand identity you’re building in your brand of properties represented by your non-fungible tokens.

Why should you trademark your NFT name?

Yes. NFTs ensure the authenticity of a unique item. But, to be of value, buyers must have faith in the NFT. That is where trademarks come in.

Trademarking the name of your NFT (or logo) will:

1. prevent anyone else from registering the same or similar name for their NFT and taking the name from you
2. increase customers confidence in your NFT brand, which increases NFT trust and value
3. protect against unauthorized use of your NFT brand by copycats, which could undermine trust in the authenticity of your NFTs

Trademarking your NFT brand prevents anyone else from trademarking the brand and taking it from you.

Remember: The value of an NFT is in the trust that it represents authentic ownership of a unique item. Trademarks promote consumer confidence by preventing copycats and confusion from using similar names. In short, trademarks let customers know that they are buying a genuine article when they buy your NFT.

Example

A toy company wants to sell in-game items, such as skins, avatars, and powers. To help increase sales, the company decides to authenticate these digital assets with NFTs using their brand. As a result, customers are more inclined to buy NFT secured in-game items. This is what Mattel Inc. is planning on doing with its HOT WHEELS NFT GARAGE trademark (U.S. Trademark Application No. 90767267).

NFT trademarks also protect against the unauthorized use of brand names and logos for someone else’s NFT. This keeps your NFT brand unique and makes your NFT item more valuable.

EXAMPLE

A luxury retailer wants to sell high-end digital products. To ensure that they can maintain premium pricing for their physical inventory and retail store operations, the retailer decides to authenticate its digital products with NFTs. This is what Saks LLC is planning on doing with its SAKS trademark (U.S. Trademark Application No. 90789965).

Trademarking an NFT name and logo also protects against the use of your brand by the competition. This protection reduces confusion and dilution of the uniqueness of a brand.

What parts of an NFT can you trademark?

You can trademark the name and logo you use to promote your NFT or the property represented by your NFT.

You can also trademark services related to NFTs. Some examples include:

financial services such as non-fungible token trading
issuance of digital tokens
providing online non-downloadable virtual goods, namely, digital art, photographs, videos, or audio recordings featuring
creation of online retail stores for others to create hosted crypto collectible and blockchain-based non-fungible token stores

Do you need help with your trademark?

Examples of NFT Trademarks

The surge in NFT trademark applications is fueled primarily by small businesses and individuals. Still, big brands are increasingly taking note and are applying to trademark their brands for NFTs. Naturally, businesses are curious about what an NFT trademark looks like. Here is list of recent applications for an NFT trademark:

1. Bazooka (U.S. TM App No. 97072828)
2. Brookstone (U.S. TM App No. 97130320)
3. Clinique (U.S. TM App No. 97115394)
4. Converse (U.S. TM App No. 97107367)
5. Entertainment Weekly (U.S. TM App No. 90751600)
6. Fanatics (U.S. TM App No. 97156019)
7. Garbage Pail Kids (U.S. TM App No. 97072832)
8. Hot Wheels NFT Garage (U.S. TM App No. 90767267)
9. Jay-Z (U.S. TM App No. 97118641)
10. John Wick (U.S. TM App No. 90688332)
11. Live Nation (U.S. TM App No. 97089071)
12. Saks (U.S. TM App No. 90789965)
13. Stratocaster (U.S. TM App No. 90626105)
14. Ticketmaster (U.S. TM App No. 97089225)
15. UFC (U.S. TM App No. 90668412)
16. Warhol (U.S. TM App No. 90602664)

If you want to know about the latest NFT trademark filings at the USPTO, we invite you to visit our US NFT Trademark Application Information Hub, where we break down the latest NFT trademark applications by month, industry, and major brands.

• Updated Daily •

Who is trademarking NFTs?

A wide range of companies in many industries are trademarking their NFTS. Companies that have filed trademark applications for NFTs include Nike, Puma, Panera, McDonald’s, Willaims-Sonoma, and Pottery Barn. Personalities who have filed trademark applications for NFTs include Kobe Bryant, Shaquille Oneal, Muhammad Ali, and Jay-Z. Here is a list:

Cosmetics and Fashion

- Clinique Laboratories, LLC
- Converse Inc.
- Estee Lauder Cosmetics Ltd.
- Nike Inc.

Toys and Collectables

- Mattel Inc.
- The Topps Company, Inc.
- The Upper Deck Company

Entertainment

- Legend Pictures
- Park Avenue Entertainment LLC
- Entertainment Weekly Inc.
- Lion’s Gate
- Kiss Catalog, Ltd.
- Live Nation Worldwide, Inc.
- Fender Musical Instruments Corporation
- SC Branding LLC (Jay-Z)

4. HOW TO TRADEMARK NFTs

Should you trademark your NFT?

Yes, you should trademark the name of your NFT. Competition in the NFT space is fierce. Trademarking your NFT will ensure that your NFT name and logo:

are available for your exclusive use do not infringe anyone else’s trademarks, which saves you legal headaches
stay unique so that they stand out in the marketplace over time, which keeps your NFT brand recognizable and more trusted
stay legally yours so that you never have to rebrand, so you can invest and promote your NFT with confidence.

These benefits protect your profits.

Top reasons why you should trademark the name of your NFT

Trademarking your NFT ensures that your NFT name and logo do not conflict with any existing registrations. Trademarking involves research to make sure that no one else has trademarks that are the same or similar to your NFT name and logo. Plus, the USPTO only registers trademarks that do not conflict with existing registrations. So, the trademarking process confirms that your NFT name and logo: (1) do not infringe any existing registered trademarks for NFT and (2) are available for your exclusive use

Trademarking your NFT will prevent anyone else from trademarking the same or similar name for their NFT. As a general rule, only one person can own a trademark in an industry, including NFTs. So, by trademarking the name of your NFT, you ensure that no one else can trademark it and take it from you. This makes trademarking great insurance against ever having to rebrand.

Trademarking your NFT will increase its value and the value of the property it represents. Trademarks ensure authenticity, which increases trust in your brand.

Trademarking your NFT name and logo gives you legal permission to use the ® trademark symbol with them. The ® symbol is “public notice” that the name and logo for your NFT are protected under federal law. This enhances your brand credibility and warns competitors to stay clear of your marks, both of which promote trust in the authenticity of your NFT.

Remember: Once you have registered your trademark, it will be officially yours and no one else can use it (or anything similar) without your permission.

How do you trademark an NFT name or property?

You trademark the name of your NFT or crypto-property by applying to the U.S. Patent and Trademark Office (USPTO) and getting your application approved for registration. Trademarking with the USPTO name is a legal process that usually takes about 12 months. So, the sooner you start trademarking your NFT and crypto trademarks name, the better.

Here’s how to start the process to trademark the name of an NFT or crypto-property:

Select a unique name and logo. Read more about how to pick a strong trademark here.
Search the USPTO trademark database to confirm that no one has registered or applied to register the name and logo
Collect the required information and decide on a trademarking strategy
Prepare and file your new application (correctly) with the U.S. Patent and Trademark Office, or “USPTO,” for short.
Navigate the USPTO application review process, which takes several months.
Use the correct trademark symbol. Read more about trademark symbols here.

When should you trademark an NFT name?

Most experts agree that you should trademark your NFT brand sooner rather than later. So, if you are serious about using NFTs to make something marketable, you should trademark the NFT name as soon as possible.

Is it too late to trademark your NFT?

No, it is not too late to trademark an NFT and protect your NFT brand. Non-fungible tokens (NFTs) and NFT brands are growing in popularity. As a result, the U.S. Patent and Trademark Office (USPTO) is receiving an increasing number of new trademarks for NFT brands and virtual goods authenticated by NFTs. Still, far less than .5% of all trademark applications are for NFTs and NFT brands.

Which international classes should you include in your NFT trademark application?

The U.S. Patent and Trademark Office registers trademarks for various NFT-related products and services. Applicants should consider including the following classes in their applications to register an NFT trademark:

- International Class 009 (downloadable media, computer software)
- International Class 035 (business services)
- International Class 036 (financial, banking, and real estate)
- International Class 041 (education and entertainment)
- International Class 042 (scientific and technical services)

Do you need help with your trademark?

What are some examples of NFT-related products and services that can be trademarked?

International Class 009

- Fungible and non-fungible token-based goods for use online and in online virtual worlds
- Downloadable electronic data files featuring artwork, text, images, audio, video, and non-fungible tokens
- Digital media, namely, digital collectibles, digital tokens, and non-fungible tokens (NFTs)
- Downloadable multimedia files authenticated by non-fungible tokens (NFTs)
- Digital tokens; Non-fungible tokens; Digital tokens based on blockchain technology
- Non-fungible tokens used with blockchain technology; non-fungible tokens used with blockchain technology to represent a collectible item

International Class 035

- Provision of an online marketplace for buyers and sellers of NFTs of digital art, music, sports, collectibles, and documents
- Provision of an online marketplace for buyers and sellers of digital properties authenticated by non-fungible tokens (NFTs)
- Providing an online marketplace for the peer-to-peer exchange of personal or digital property and Non-Fungible Tokens (NFT’s)

International Class 036

- Financial services such as non-fungible token trading; Issuance of digital tokens
- Issuance of tokens of value; Issuance of tokens of value, namely, digital tokens for use by members of an online community via a global computer network

International Class 041

- Providing online non-downloadable virtual goods; Providing online non-downloadable virtual goods authenticated by NFTs
- The provision of downloadable virtual goods authenticated by blockchain technology

International Class 042

- Creation of online retail stores for others to create hosted crypto collectible and blockchain-based non-fungible token stores
- Creation of online retail stores for others in the nature of web-based service that allows users to create hosted cryptocurrency and blockchain-based non-fungible token stores

5. FREQUENTLY ASKED QUESTIONS

1. When can you use the registered trademark ® symbol with an NFT?

Once you have a trademark registration from the U.S. Patent and Trademark Office, you can start using the registered trademark symbol ® with your NFT trademark. Read more about trademark symbols here.

2. How do you get a trademark registration?

You get a trademark registration by submitting an application to the U.S. Patent and Trademark Office (sometimes called the “USPTO”). The USPTO is an agency of the federal government, and it administers trademark registrations.

3. How important is it to trademark your NFT?

Very. According to the USPTO, there has been a substantial surge in trademark filings for NFT trademarks. In 2021 alone, over 1400 applications have been filed. This surge represents increased competition in a soon-to-be crowded space.

4. Where do NFTs come from?

NFTs are created on any blockchain that supports smart contract programming. The Ethereum blockchain is a prime example because it supports cryptocurrencies like bitcoin and NFTs. Other blockchain options include:

• Cosmos
• EOS
• Flow by Dapper Labs
• Polkadot
• Tezos
• Tron

Once your NFTs are created and ready for sale, you will need to submit them to a marketplace. Popular marketplaces for Ethereum include OpenSea, Rarible, and Mintable.

5. Can NFTs be trademarked?

Yes. NFTs can be trademarked, and the number of trademark filings for NFT brands at the USPTO is increasing.

6. How do you get an NFT trademark?

You get an NFT trademark by applying to the U.S. Patent and Trademark and successfully navigating the trademark examination process.

TAKE THE NEXT STEP

Take the next step toward LEGALLY owning your NFT brand?

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

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

How to Use Trademark Symbols: The ULTIMATE Guide

November 17, 2021 by Michael Kondoudis

This is my complete guide to how to use symbols for trademarks.

Over my 20+ years of practicing trademark law, misuse of trademark symbols is one of the most consistent trademark mistakes I’ve come across. I hope to change that.

In this all-new guide, you’ll learn:

• What the three trademark symbols TM, SM, ® mean

• Whether you are required to use a trademark symbol

• Where you put a trademark symbol

• When to use a trademark symbol with your mark

• Why it’s a good idea to use a trademark symbol

Plus, along the way, we’ll answer frequently asked questions (FAQs) about using trademark symbols.

So if you need to quickly learn how to use trademark symbols, read on – this guide is for you.

Let’s get started.

PART I: Basics of Trademark Symbols

• In this part, I’ll briefly discuss the basics of trademarks and review the three trademark symbols.

• In parts II and III, we’ll cover how to use trademark symbols and where to put them.

• But, for now, let’s review the basics of trademark symbols.

What is a trademark?

Trademarks are badges of origin. They distinguish your products or services from the competition. They can take many forms, including names, phrases, symbols, and logos.

Some of the most famous trademarks are:

- GOOGLE®
- Nike’s JUST DO IT®
- the letters IBM®
- the Apple Logo

What is a symbol for a trademark?

A symbol for a trademark (a trademark symbol) is a visual cue that the name, logo, phrase, or character next to it is a trademark.

There are three trademark symbols in the US: Circle R (®), TM, and SM. These symbols provide “trademark notice” that identifies your trademark and that you claim rights in it.

The answer to the question “What is the proper trademark symbol?” depends on whether you are selling a good or a service and the status of a trademark application with the US Patent and Trademark Office. Read about how to pick the right trademark symbol for your brand here.

What do trademark symbols look like?

The three symbols are:

• the capital letter R, which is usually shown in a circle (®);

• the capital letters TM, which are usually shown in superscript (™); and

• the capital letters SM, which are usually shown in superscript (℠).

What do the trademark symbols mean?

The TM and SM symbols indicate that your trademark is not yet registered with the U.S. Patent and Trademark Office. In contrast, the ® symbol means that your trademark is registered. The ® is only for trademarks that have been federally registered with the U.S. government. This means that you have filed an application with the U.S. Patent and Trademark Office and have received a trademark registration certificate.

Let’s explore each of the symbols in more detail.

TM symbol meaning

TM stands for trademark. Trademarks are marks used with goods, such as cell phones, clothing, software, and juice. More specifically, the letters TM mean that a name, word, logo, or phrase is an unregistered trademark. If you are selling goods, you should use the TM trademark symbol to identify your unregistered trademark, including names, logos, and phrases.

Who can use the TM symbol? Any trademark owner may use the TM symbol at any time and even if the USPTO refuses an application to register the mark.

When can you use TM? The answer is: you can use the TM symbol immediately – as soon as you start using a trademark to brand a product. This means you can use the TM symbol the first time you use your trademark. You do not have to wait to use the TM symbol.

SM symbol meaning

SM stands for service mark. Service marks are marks used with services, such as legal, dental, restaurant, and entertainment services. More specifically, the letters SM mean that a name, word, logo, or phrase is an unregistered service mark. If you are offering services, you should use the SM trademark symbol to identify your unregistered service mark, including names, logos, and phrases.

Who can use the SM symbol? Any trademark owner may use the TM symbol at any time and even if the USPTO refuses an application to register the mark.

When can you use TM? The answer is: you can use the SM symbol immediately – as soon as you start using a service mark to brand a product. This means you can use the SM symbol the first time you use your service mark. You do not have to wait to use the SM symbol.

® or “R” symbol meaning

® (or “R” in a circle) stands for registered trademark. Registered trademarks are enhanced trademarks that come with increased protections and rights. More specifically, the registered trademark symbol means that a name, word, logo, or phrase has been registered with the US Patent and Trademark Office.

When can you use the registered trademark “R” symbol? Use of the registered trademark symbol “R” is reserved for Federal trademarks only and can only be used after you have a Federal trademark registration. This means you’ve filed an application and received a registration certificate from the US government.

What are some trademark symbol examples?

Examples of the registered trademark symbol for names and phrases

• Twitter®

• America runs on Dunkin’®

• Pepsi®

Examples of the registered trademark symbol for logos

Do you have to use a Trademark Symbol?

No, there is no legal requirement to use a Trademark Symbol. The use of Trademark Symbols is entirely optional. You do not need to use a Trademark Symbol, and not using a Trademark Symbol will not invalidate your trademark rights. However, there are many good reasons to use Trademark Symbols.

Why should you use a Trademark Symbol?

Every time you use your trademark, you have the option to use a symbol with it. There is no requirement to use Trademark Symbols. Still, it’s a good idea to use Trademark Symbols for several reasons.

1. Using Trademark Symbols conditions consumers to start looking at your trademark as your brand. This is a meaningful way to introduce your brand to consumers.

2. Using Trademark Symbols lets the competition know you’re claiming the trademark as yours. This is an effective way to ward off potential copying by competitors.

3. If you do not use a trademark symbol, you can lose out on certain money damages like lost profits.

If you have a Federal trademark registration for your brand, you should definitely use a Trademark Symbol because it lets consumers and competitors alike know that you have a Federal trademark, which is the highest level of brand protection.

The advantages of trademark symbols are explained in my Easy Guide to Trademark Symbols.

PART II: Where to Put Trademark Symbols

• In this part, we’ll discuss where to put a trademark symbol together with a trademark.

• In part III, we’ll cover when to use trademark symbols in various media.

• But, for now, let’s go over where to put trademark symbols with word marks and logos or designs – with some examples.

Where to put a trademark symbol?

You may put a trademark symbol anywhere around your trademark. There is no one right place. Instead, there is some flexibility. You may place TM, SM, or ® anywhere around your trademark. Still, it is customary to place a trademark symbol after the trademark and on the right side.

Where is the best place to put a trademark symbol?

The best place to put a trademark symbol is close to your mark, regardless of whether your trademark is a name, word, phrase, or logo.

Where exactly does a trademark symbol go?

For names, words, and phrases: The most common place to put a trademark symbol for a name, word, or phrase is in the upper-right corner. In fact, in nearly all cases, trademark symbols (whether it is TM, SM, or ® ) are placed at the top right corner of a trademark. Also, it is common to use superscript for a trademark symbol.

For logos and designs: The most common place to put a trademark symbol for a logo or design is at the logo is in the lower right corner.

Where do you put a trademark symbol on a logo?

For logos, it is best to place the trademark symbol on the right side of the logo. It is best to locate the TM, SM, or ® directly after the mark and near the bottom of the logo. Alternatively, you can put the TM, SM, or ® in the logo.

Where do you put a trademark symbol with a name or phrase?

For word marks, including names and slogans or catchphrases, it is customary to place the trademark symbol on the right side of the mark. Also, it is best to locate the TM, SM, or ® directly after the mark and at the upper right in superscript.

How should you use a Trademark Symbol in writing?

If your mark is a company or product name, you can put the Trademark Symbol immediately after the name. Here, representing the symbol in superscript is very common because it looks like the symbol is at the upper right of the name.

If your trademark is a logo, you can put the Trademark Symbol in the upper right corner of the logo or at the upper right side of the logo.

How should you use a Trademark Symbol on a product?

If your mark is a company or product name, you can put the Trademark Symbol immediately after the name. Here, representing the symbol in superscript is very common because it locates the symbol at the upper right of the name.

If your trademark is a logo, you can put the Trademark Symbol in the logo or at the upper right side of the logo.

To summarize the correct placement of trademark symbols

Proper trademark symbol usage involves two main rules.

First, pick the correct trademark symbol.

Second, put the symbol in the right place so that it (1) identifies your trademark and (2) notifies the public that you claim ownership of your trademark.

Location matters for trademark symbols.

TM symbol placement

You put the TM symbol to the right side of your trademark and either in the:

• upper-right corner if your trademark is a word; or

• lower-right corner if your trademark is a logo.

R symbol placement

You put the R symbol to the right side of your trademark and either in the:

• upper-right corner if your trademark is a word; or

• lower-right corner if your trademark is a logo.

PART III: When to Use a Trademark Symbol

In this part, we’ll explore when to use a trademark symbol with your trademark and how often you need to use a symbol.

When to use a trademark symbol?

You should use a trademark symbol when you want to let consumers and competitors know that you claim ownership of your mark. They provide public notice or “trademark notice” and serve as visual cues that help identify your trademarks. Also, you can use a trademark symbol every time you use your trademark.

You may use a trademark symbol anywhere around your trademark, although most trademark owners put the symbol in a superscript or subscript to the right of their trademark.

You can use “TM” for goods or “SM” for services. After you have registered your trademark, you can use an ® with the trademark (regardless of whether you sell goods or services).

Do you have to use a trademark symbol every time you use a trademark?

No. You are not required to use a trademark symbol every time you use a trademark. Instead, you can usually focus on using the symbol the first time the mark appears, in the most prominent place the mark is used (e.g., in a heading), or both. Repeated use of trademark symbols can become cluttered. A Trademark Symbol does not have to be used every time a trademark is used.

How often should you use a Trademark Symbol?

As a general rule, it is best to use a Trademark Symbol in the first prominent mention of a trademark in the text of a web page or written documents like articles, press releases, promotional materials, and the like. It is not necessary to use a Trademark Symbol every time used every time the mark appears. This avoids distraction and clutter.

When exactly should you use a Trademark Symbol?

You should use a Trademark Symbol at the first or most prominent mention of a trademark. Again, it is not necessary to use a Trademark Symbol every time used every time you use your trademark. One good, conspicuous use of the proper Trademark Symbol is usually all that is required.

Use of a trademark symbol in text

1. In print materials (press releases, articles, and company reports)

For shorter printed materials (closer to 1-2 pages), using a trademark symbol with the first instance of the mark is sufficient. For extended printed materials, it is typically advisable to use the trademark symbol at least once per page in which the mark appears. Also, if there is an opportunity to use the trademark symbol with the trademark in a header or footer, all the better.

1. In websites and mobile apps

On the web, it is typically advisable to use a trademark symbol in the header or footer on every page that relates to your product or service.

1. On social media

The guidelines for using trademark symbols on social media are usually more relaxed. Most businesses only use a trademark symbol in their username/bio, cover image, or thumbnail.

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.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

How to Trademark A Clothing Brand – 5 Things You Must Know

November 9, 2021 by Michael Kondoudis

As a fashion designer, you are an artist. But as the owner of a Clothing Brand, you’re an entrepreneur. And, as any entrepreneur will tell you, it takes time, skill, bravery, and some luck to succeed. You’ll need to put hours and hours into designing, creating, and branding your products. You’ll also need to protect that investment from copycats that imitate your products and steal away customers.

But how do you safeguard your clothing brand and all of the hard work that went into it? How do you protect a Clothing Brand?

That’s where trademarks come in.

In this article, we will explore 5 important considerations about trademarking a Clothing Brand by answering several of the most often asked – and important – questions about how to trademark a Clothing Brand, including:

• Why should you trademark your Clothing Brand trademarks?

• What parts of your Clothing Brand should you trademark?

• What types of names can you trademark for a Clothing Brand?

• When should you trademark your Clothing Brand?

• Should you work with a trademark attorney to trademark your Clothing Brand?

Why should you trademark your Clothing Brand trademarks?

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.

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.

What parts of your Clothing Brand should you trademark?

Almost every aspect of a brand, including a Clothing Brand, is eligible for trademarking. The most popular trademarks are names, logos, and phrases. For Clothing Brands, examples of 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®)

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.

What types of names can you trademark for a Clothing Brand?

Clothing Brand names are as varied as the styles themselves. Still, when it comes to trademarking Clothing Brand names, certain rules about trademarks apply. The best trademarks, including Clothing Brand trademark, are

- unlike anyone else’s,
- do not just describe your garments, and
- aren’t the names of entire types/classes/categories of clothing (i.e., generic).

When it comes to trademarks, the name of the game is to be unique. So, trademarks, including Clothing Brand names, need to be different from everyone else in the market. This is why it’s important to choose a unique name that can’t be confused with another clothing brand. If your name is not unique, your brand won’t stand out.

Also, your name should not be descriptive of your garments. For example, terms like “strong,” “blue,” and “rugged” for blue jeans are descriptive because they convey aspects of the garment.

Relatedly, avoid generic terms like “jeans,” shirts, “childrenswear,” and “company.” These terms are generic because they describe entire types, categories, or classes of garments and do not reflect any brand. Consequently, the U.S. Patent and Trademark Office (USPTO) will not register them.

Learn more about how to pick a strong trademark.

When should you trademark your Clothing Brand?

You should register Clothing Brand trademarks as soon as you have decided on a name, logo, or phrase, according to most authorities. There are important reasons why.

Firstly, if there are obstacles to registration, it is better to discover them early. In the U.S., Clothing Brand trademarks are reviewed by the U.S. Patent and Trademark Office (USPTO) to make sure that they meet all of the legal requirements for registration. One of the most important requirements is that a Clothing Brand trademark is not too similar to another registered trademark. If the USPTO finds a registered trademark similar to yours, you may not be able to register the trademark for your Clothing Brand.

Secondly, it can take up to a year to complete the registration process and starting sooner means that you can avoid selling clothing under a trademark that does not have the protections that come with Federal trademark registration (or at least minimize the time you sell without them).

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

The trademarking process timeline can vary depending on how quickly you are able to gather the information needed to apply to register your trademark, how complex the trademark is, and whether or not the trademark examiner finds issues that must be addressed. Generally, however, the trademarking process can take about 10-12 months.

Registering trademarks, including Clothing Brand trademarks, isn’t quick. It takes time to make it through all the stages of review. So, it’s important to get it right from the start.

Should I file my trademark application before or after I use my mark in commerce?

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.

Should you 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.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

How to Trademark a Clothing Brand – A COMPLETE GUIDE

November 9, 2021 by Michael Kondoudis

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.

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).

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.

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.

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.

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 5^th and 10^th 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.

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?

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

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.

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?

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?

Here are just a few reasons why:

It’s a Federal legal proceeding

80% of all applications face some initial refusal

The USPTO will not give you legal advice

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

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

To protect your brand from being copied by other designers
To ensure that customers know they’re buying authentic trademarked clothing
To increase customer loyalty and create evangelists for your brand
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.

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.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

How to Pick the Right Trademark Symbol – An EASY GUIDE

October 24, 2021 by Michael Kondoudis

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.

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?

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

How to Protect Your Brand – An Easy Guide

October 20, 2021 by Michael Kondoudis

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:

Select a strong, protectable name.
Check the availability of your product name as a trademark.
Collect your information and decide on a strategy for your Federal trademark application.
Prepare and file your new application (correctly).
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.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

How to Trademark Your Brand – From An Attorney

October 20, 2021 by Michael Kondoudis

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:

What is a brand?
What do trademarks have to do with brands?
What can you trademark?
Why is registering a trademark of a brand name important?
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?

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

5 Easy Ways to Protect Your Brand

October 15, 2021 by Michael Kondoudis

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.”

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!

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

7 Surefire Strategies to Protect Any Brand

October 9, 2021 by Michael Kondoudis

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?

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

→ What a trademark lookup is

→ Why a trademark lookup is important

→ When to do a trademark lookup

→ Where to do a trademark lookup

→ How to do a trademark lookup in four steps

→ Do you need the help of a trademark attorney?

III. CONDENSED SUMMARY

What is a Trademark Lookup?

What Does a Trademark Lookup Do?

Why Do a Trademark Lookup?

The Top Five Reasons to Do a Trademark Lookup

1. To find out if your trademark is distinctive

2. To find if your trademark is similar to someone else’s

3. To find if your trademark infringes someone else’s

4. To find who owns a specific trademark

5. To make the registration process go more smoothly

Do You Have to Do a Trademark Lookup?

Why Should You Do a Trademark Lookup?

When Should You Do a Trademark Lookup?

Where Do You Do a Trademark Lookup?

1. The USPTO Trademark Database – TESS

2. State Trademark Databases

3. Google Trademark Search

Where Do You Check Availability of a Trademark?

How to Do a Trademark Lookup – The Four Steps of Every Trademark Lookup

Trademark Lookup Step 1 – A USPTO Trademark Lookup

Trademark Lookup Step 2 – 50 State Trademark Lookups

Trademark Lookup Step 3 – GOOGLE Trademark Search

Trademark Lookup Step 4 – Review the Search Results

Do You Need an Attorney for a Trademark Lookup?

1. How do I look up trademarks for free?

2. Can I see if a name is trademarked?

What is trademarks lookup?

Why do a trademarks lookup?

Why is a trademarks lookup important?

Take the next step toward LEGALLY owning your trademark!

What NFTs are and what they do

Examples and uses of NFTs

NFT trademarks

How Trademarks apply to NFTs

How Patents apply to NFTs

How Copyrights apply to NFTs

How to protect an NFT

Why trademarking an NFT is a good idea

Which parts of an NFT brand can be trademarked

When to trademark an NFT

Where to trademark an NFT

The NFT trademarking process

The common trademark classes for NFTs

What does NFT mean?

What is a Non-Fungible Token?

What do NFTs do?

How is an NFT different from a cryptocurrency?

What are some examples of NFTs?

How are companies using NFTs?

What is a trademark?

What do trademarks protect?

Can an NFT be trademarked?

What is an NFT trademark?

How does Trademark apply to NFTs?

How do you get the most trademark protection for an NFT?

How do Patents apply to NFTs?

How does Copyright apply to NFTs?

How do you protect an NFT?

Why should you trademark your NFT name?

What parts of an NFT can you trademark?

Examples of NFT Trademarks

If you want to know about the latest NFT trademark filings at the USPTO, we invite you to visit our US NFT Trademark Application Information Hub, where we break down the latest NFT trademark applications by month, industry, and major brands.

Who is trademarking NFTs?

Should you trademark your NFT?

Top reasons why you should trademark the name of your NFT

How do you trademark an NFT name or property?

When should you trademark an NFT name?

Is it too late to trademark your NFT?

Which international classes should you include in your NFT trademark application?

What are some examples of NFT-related products and services that can be trademarked?

1. When can you use the registered trademark ® symbol with an NFT?

2. How do you get a trademark registration?

3. How important is it to trademark your NFT?

4. Where do NFTs come from?