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Protecting your Brand with a Trademark

Trademark - cfamedia
Credit: LegalZoom

Probably, as a new entrepreneur in the business world, you have expended a substantial amount on marketing, got your business a domain name, got a nice brand and put in place other necessities to set the ball rolling for your business, then, out of the blues, your small business, barely some years old, finds itself entangled in Trademark infringement.

Do you know what that means? It means that another entrepreneur has hijacked your concept and brand, registered the Trademark, with exclusive right to use that band in his/her business.

Irrespective of whether you are the originator, once, you lose the case and you will be restrained from carrying out business, using that brand. You could, however, avoid this mess, if only you did just one thing at the commencement of your business and that is, obtain Trademark protection.

Your Trademark is the face of your brand and branding is one major thing that gives your business traction. Once you have an issue with it, then, your brand suffers a big blow that can see your business go deep down.

A business owner would certainly like to avoid this, so. Let us start by getting a grasp of what Trademark is all about.

It is a design, or, an expression that identifies and distinguishes a product or service from the other. You can place it on your business and product name, as well as your logo, but you cannot do that for an invention.

What you do for an invention of yours, is to obtain a Patent. A Patent grants you protection on inventions, such as products or designs.

Another term that looks related to the Trademark is Copyright. A Copyright protects original works of songs, movies, novels, and work of poetry.

Journeying towards your Trademark
If you have a business name that you have conceived, that is great, but do not be quick to conclude that, the name is unique. A similar business, that already exists, might have used that name you have come up with. All you need to do is to conduct an online search and to confirm the availability of the name or you can check up with the Trademark and Patent office.

If the coast is clear, then, you can commence your application process. In the process, you must be clear on what you want to obtain the Trademark for; is it just the words only or does it include designs, logos, and graphics?

Determining your business classification is also of great importance during the process because, at this stage, your Trademark is distinguished from others already in the system.

After you get approval, it needs great attention, for it to push your brand out there. The danger of not showcasing your Trademark in the public domain is that, if another company could snatch it and file against you on copyright infringement, the matter becomes worse for you, if the company has the financial muscle to go all the way in spending on legal matters, in securing it. Why obtain a Trademark, if it would be hidden from public view?

If you go by the rules and regulations as it concerns Trademark, you need to worry less about any infringement that could ensue, because you are already protected.

Thanks for Contributing!

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