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:
- Selecting a strong trademark
- Filing a trademark application to register it
- Navigating the trademark examination process
- Using the trademark correctly
Why selecting a strong brand name is important
Trademarks are not created equal. Some types are strong while others are not. It is always best to pick a brand name that can be a strong trademark.
Choosing a brand name that can be a strong trademark will save time, money, and future brand issues. Strong trademarks cost less to promote because they are more memorable and unique to your brand. Plus, the stronger your mark is, the easier and less expensive it will be to register with the U.S. Patent and Trademark Office.
Also, courts always give the broadest protections to strong marks.
1. Picking a strong brand name
The key to picking a strong brand name is to do more than just describe your product or service. Instead, try to choose words that are abstract or unrelated to your industry. After that, try to pick a brand name that “alludes to” or “suggests” a feature of your product or service.
Also, the more abstract and the less descriptive your brand name is, the less likely it is to be close to anyone else’s. That tends to make it more unique and more likely that you are the first to come up with your brand concept.
Learn more about how to pick strong trademarks.
Here, it is advisable to have an in-depth trademark search performed and the results professionally reviewed. A professional search can help identify any existing trademarks that the U.S. Patent and Trademark Office might use to deny your application.
2. Filing a trademark application for the brand name
You have to apply to the U.S. Patent and Trademark Office to register a trademark. So, once you’ve searched and cleared the brand name you want to trademark, it’s time to prepare your trademark application.
The Federal trademark application process is much more than just filling out online forms (that’s the easiest part of the process). The USPTO will only grant your application after you have met all of their many legal and procedural requirements.
3. Navigating the examination process
After the USPTO receives your application, a USPTO attorney (“Examiner”) will review it. This process is commonly referred to as “examination.” In this step, the Examiner determines whether your trademark poses a potential conflict with any other registered trademarks and if it meets all USPTO standards for trademark registration. This process can take between 4-8 months.
Registering your trademark is a complex procedure that involves your application moving through various stages. It is a Federal legal matter and there are many factors that affect how long it takes to register a trademark. In fact, there’s no guarantee your trademark will ever register. This is why the U.S. Patent and Trademark Office recommends that applicants work with a trademark attorney.
Read how working with a trademark attorney can boost your chances of success by 50%.
4. Using your trademark correctly
It is important to use the exact mark that you register. Also, it is advisable to use the correct trademark symbol with it. After registration, you can use the ® symbol. Learn about trademark symbols here.
Ready to take the next step toward LEGALLY owning your Brand?
We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your YouTube Channel Brand, we invite you to book a FREE brand protection strategy session with us here.
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).