5 Reasons you Shouldn’t Trademark your Brand
Registering your trademark is like any other investment; there are downsides. While it’s tough to come up with quickly, there are some things you want to consider before applying with the United States Patent and Trademark Office. The process is lengthy, and there is not always a guarantee that it will be smooth. Like buying a home or starting a business, you will want to ensure you are prepared to register and protect your brand.
Again, a Trademark is a phrase, word, symbol, or design that distinguishes your brand in commerce. While it protects your brand’s integrity, most importantly, it protects consumers. Chances are, if the USPTO can find a reason not to grant the mark, they won’t. Here are a few things to consider before you register your mark:
Your commitment to your brand: While you can register a mark you intend to use, you may still want to consider postponing your registration until you seriously use the name or prepare to do so. Registering a mark can be long, tedious, and costly for a brand name, slogan, or logo you aren’t seriously considering. Searching for the mark's availability doesn't hurt if you are still brainstorming ideas, but it’s not the time to go all in. It’s up to you.
Your budget: Consider your budget. Again, the trademarking process can add up. While the registration application is $250 per class, you can also risk paying an additional $100 (per class) if the application isn’t filled out correctly. If an attorney prepares your application on your behalf, fees can vary. If you are a new applicant, you are most likely looking at a flat fee. You may be billed an hourly rate if you have to respond to an office action. You can work with lower-cost services, but make sure to consider whether they meet all of your needs.
Your level of patience: There has been an increase in Trademark Applications, and the process can take up to 12 months to register your mark. This looks like an Examining Attorney searching for related marks, evaluating your mark, publishing for any opposition, and either approving the registration of your mark or sending you an office action for various reasons. You may want to reconsider if you don’t want to deal with it. Get an attorney if you would still like a mark but don’t want to deal directly with the issues that may arise.
The availability of your mark: I mentioned searching for your potential trademark. This is important before deciding on a name. You must search for all possible mark variations to ensure it is available. You can put your blood, sweat, and tears into a brand for years only to receive a letter from the Examining Attorney saying that the mark is too similar to one already registered. Even worse, you can find someone using your exact mark in the same class, and there isn’t much room to argue why your application should be registered.
The level of protection: Registering a trademark only protects specific goods and services listed in the registration class. If you expand your business into new areas, you may need to register your trademark again to expand into an additional class. Further, the protection does not apply internationally; you may need to register your mark in other countries for more security.
While complex, the benefits outweigh the risks associated with trademark registration. It is not required to register with the federal trademark office. However, for your brand’s integrity and your customer’s interest, a trademark sets your brand apart and provides some legitimacy in the market. If you want an attorney’s support in your trademark application, please book a consult with our office!