Do You Really Need a Trademark? Understanding the Importance of Trademarks

Trademarks help consumers make a safe purchase and offer protection for businesses and consumers.

Trademark Registration

It’s a good idea to register your trademark when starting a business as your brand will have the strongest protection under law. Renewing a trademark costs the same as registering a new one.

Check and register a trademark before hiring a logo designer. Some businesses have changed names due to trademark conflicts.

A trademark prevents others from using your business name or pretending to be your business. Registration gives you more protection, especially if operating broadly or online. Trademarks only protect you in the registered country.

Copyrights vs. Trademarks

Copyrights prevent others from taking your original works. The cost is $35 and lasts 70 years after death.

The Risks of Not Having a Trademark

Without a registered trademark, you face a higher risk of trademark infringement and have minimal legal recourse if someone infringes on your brand.

Registering a trademark provides you with exclusive rights to use the mark and offers legal protection against unauthorized use. If you do not register your trademark, you will have legal rights only within geographic areas where you operate and it will be up to you to prove that the mark is yours, which can be challenging and expensive.

Failure to use the trademark can result in its cancellation and abandonment. If you don’t have a trademark, someone could use your brand name or logo, leading to potential legal battles, reputation damage, lost customers, and rebranding costs.

Intellectual Property and Business Strategy

As your product gains momentum, your trademark becomes a valuable asset for investors who prioritize intellectual property protection. Investing time and fees in registration will protect your brand from infringement and expensive disputes. Failure to trademark may mean you’re unaware of existing trademarks you could be infringing. The registration process includes a system to dispute inadvertent use of existing marks.

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