A trademark is anything that’s considered a source identifier. Think about a product you recently purchased. How do you know which brand you bought it from? Anything that helps you identify where your product originated, from the name of the product to the color of the packaging, could be considered a source identifier—but just because something helps identify the producer, doesn’t mean it’s necessarily something you can trademark.
Logos
Business names
Service names
Product names
How do you get a trademark?
As soon as you start a business or develop a product, you likely have some source identifiers, including your name and your logo. The question is, do you need to be thinking about trademark registration online right away?
There are two ways to get a trademark, and one is more formal (and involved) than the other. You can informally get a trademark by doing business using a name or a logo, and establish your reputation and mark that way (this is often called an unregistered or common law trademark). However, Christina also recommends you consider trademark registration when your business picks up traction, given the costs associated with registration.
Step 1: Confirm the mark is available
You can do a portion of this work yourself by following the tips we outline below. However, to get a definitive answer about your ability to use a certain trademark, it is always best to consult with a trademark attorney.
First up, when you have a unique idea about a name for your brand or products, it’s a good time to see whether they’ve already been registered as part of your competitive analysis. You can do that by looking up your potential trademark using online databases that are maintained by the governments of the countries you do business in, so start in your home country.
Step 2: Consider registering the trademark
If you decide you’re ready to officially register a trademark, Christina advises getting in touch with someone who can provide legal advice specific to your business. Consider working with them to perform a more thorough search of what else is out there before you invest the time and resources to apply for a trademark registration.
Protect your trademark
Successfully protecting your trademark means you’ll need to both consistently use the appropriate trademark indicators, and take action when you notice someone infringing on your mark.
Use your ™ or ® marks
You’ve probably seen them around, but it’s easy to skip over these trademark identifiers until you want to use them for yourself. Christina shares a breakdown of what each one means, and when to use it:
™ : You can start using the ™ symbol on any name or logo you consider a trademark, but make sure that you’ve done all the required research ahead of time to ensure you’re not infringing on an existing mark.
®: This is the symbol for a registered trademark, and you can use it once your trademark is officially registered.
Take action against infringement
Protecting your trademarks goes further than marking them appropriately. You also need to watch out for people copying or using your trademarks, or using similar marks in your industry—failing to take action to protect your mark could eventually result in losing your trademark because of a concept called dilution.
Trademarks can help protect your business
There’s a lot you can do to proactively protect your intellectual property when you’re running a business, and trademarks are just one part of the overall picture. While they’re not a silver bullet, and you’ll still need to be vigilant for infringement, especially in your industry, trademarks can offer a form of protection for the hard work you put into building a brand that stands out.
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