What Happens If I Don’t Trademark My Business?

Importance of Trademarking Your Business Name

  • Trademark your business name first to protect your brand identity across states.
  • Register your business name as a trademark as soon as possible.
  • Send cease and desist letters if your trademark is infringed.

Benefits of Trademark Registration

  • National recognition comes with a trademark, preventing customer confusion that hurts sales.
  • Registering helps prohibit others in your field from using the same or similar names.
  • A registered trademark allows you to grant others the right to use your brand in exchange for royalties, expanding your reach without compromising integrity.

Understanding Trademark Types

  • There are two trademark types: common law and registered.
  • To trademark a name, file an application with the United States Patent and Trademark Office (USPTO).
  • Registering federally gives nationwide rights to enforce your trademark, deterring others from using your name.
  • Common law provides rights to a company name in commercial use, with protection limited geographically.

Consequences of Not Trademarking Your Brand Name

  • Trademark your business name to ensure no other entity can legally use an identical or confusingly similar name for related goods or services.
  • If your trademark is infringed, send cease and desist letters.
  • Monitor use by others, even with a registered company name.

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