Do I Need a Trademark?

Written by Wesley Henderson

March 9, 2024

trademark sign

Are you safeguarding your branding and business against potential threats?

With your intellectual property constantly at risk, protecting your brand is paramount to your business’s success. This is where a trademark comes in. By securing a trademark or two, you can fortify your brand’s identity, shield yourself from infringement, and preserve your market presence.

Most importantly, trademarking your logo, name, and other business assets enables your customers to distinguish you from your competition.

Are you up for ensuring that your brand and business stay intact and distinct? Read on to learn more about trademarking and how it can benefit your business.

You can register to get a trademark with this law firm.

What Is a Trademark?

A trademark is a symbol, word, phrase, or design that identifies and distinguishes the source of goods or services of one party from those of others. A trademark serves as a unique identifier for businesses, helping consumers recognize and differentiate between various products and services in the marketplace.

Trademarks play a crucial role in branding and marketing strategies, allowing businesses to establish and protect their identities while building trust and loyalty with customers.

In short, a trademark is a legal tool that grants exclusive rights to use and protect specific marks associated with a business or its offerings.

Do I Need a Trademark or a Copyright? What’s the Difference?

It’s easy to confuse trademarks and copyrights. After all, both are legal instruments for protecting your intellectual property.

However, be aware. Knowing the distinctions between a trademark and copyright enables you to pick the right instrument to protect what needs protecting in your business.

Let’s start with trademarks. A trademark focuses on protecting brand names, logos, and slogans associated with your goods and services — think of it as something that prevents other parties from using anything that makes your business unique.

By contrast, a copyright primarily safeguards original works of authorship, such as literary, artistic, or musical creations.

As a business owner, you’re more likely to need protection for your business’s unique assets than original creations. Hence, if you want protection for your business’s branding, a trademark is more suited to your purposes.

What a Trademark Can Protect

A trademark provides exclusive rights to use the registered mark in connection with specific goods or services. By “registered mark,” we’re talking about the following:

  • Your business’s name
  • Your logo/s
  • Slogans and taglines

Under the protection of a trademark, these assets can’t be used by others. Trademarks offer legal recourse against infringement, enabling you to enforce your rights and preserve the integrity of your brand identity.

With a trademark in place, you have the authority to defend your brand against unauthorized use and maintain its value in the eyes of your consumers and stakeholders.

How To Decide If You Need a Need a Trademark

Determining whether you need a trademark involves assessing the unique aspects of your business and brand.

As you make a decision, consider the following factors:

  • Brand Recognition: If your business relies heavily on its brand identity to distinguish itself in the market, securing a trademark is imperative.
  • Expansion Plans: If you foresee expanding your business nationally or internationally, a trademark provides the necessary protection as you enter new markets.
  • Competitive Landscape: Evaluate the competitive landscape to identify potential threats or opportunities where a trademark could provide a strategic advantage.
  • Long-Term Vision: Investing in a trademark demonstrates a commitment to your brand’s long-term success and establishes credibility with customers and investors.

Watch this youtube for more information about whether you need a trademark.

Cautionary Tales of Cases Where Business Owners Didn’t Get a Trademark

Failure to obtain a trademark can lead to costly legal battles and reputational damage. Here are some examples of horror stories involving businesses that failed to obtain trademarks to protect their assets.

Academy of Motion Picture Arts vs GoDaddy.Com Inc.

In 2010, the Academy Awards and GoDaddy engaged in a prolonged legal battle over domain names that infringed upon the Academy’s trademarks.

While GoDaddy was not found to have ill intent, the dispute lasted five years and imposed significant financial burdens on both parties.

This case is an example that businesses should safeguard their trademarks against infringement to avoid costly legal entanglements.

Apple Corps vs Apple Computer

The dispute between Apple Corps and Apple Computer over the trademark rights to the word “apple” shows how tricky intellectual property battles can be.

Despite initial settlements, conflicts resurfaced over Apple Computer’s entry into the music business with iTunes. Eventually, Apple Inc. acquired Apple Corps’ trademark rights,

Protect What’s Uniquely Yours

Whether you’re a burgeoning startup or an established enterprise, securing a trademark is a proactive measure that can safeguard your business against infringement and exploitation.

Don’t leave your brand’s identity to chance. Protect what’s uniquely yours with a trademark.

If you need personalized guidance on trademark registration and enforcement strategies, contact Henderson & Henderson for a free trademark consultation.


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