Simple Trademark Rules and Considerations

Simple Trademark Rules and Considerations

A trademark distinguishes your brand identity from your competitors and ensures that no one can benefit from your business's identity after all the hard work you have put in. Besides that, the use of the trademark symbol adds authority to your brand and sets a firm position in the market. However, there are certain rules and considerations of registering and using your trademark that you should know to avoid suffering significant loss.

We at Business Rocket help our clients' businesses stay on top by reaping the maximum benefits of their trademark. This article guides you about the simple trademark rules and considerations.

Avoid Commonly Used Words, Designs, and Symbols in Your Trademark

Some trademarks have designs, colors, and words that are too common in the industry. You should avoid using these marks as they provide little margin to be distinctive, and you have less chance of protection. The USPTO (the United States Patent and Trademark Office) might register these marks as they have enough differences to be identified separately. Still, it might not be enough to establish your business identity indefinitely.

On the other hand, some business owners are under the misconception that having trademarks with secondary meaning to the business are strong marks. However, the USPTO finds these marks hard to register unless they develop a second meaning. A trademark develops second meaning when customers recognize the business from their trademarks, such as Apple and Facebook.

Avoid Signs of Trademark Conflicts

You might want to establish a specific trademark because you have used it for a long time and have developed a familiar customer base. However, if you find that trademark is similar to another company or can become a reason for conflict, you should avoid using it. No matter the size of your company, no one wants to waste their time on legal issues and waste their budget. Therefore, it is best to establish a trademark before starting the business or change the trademark to avoid further loss. It can also restrict your business's potential to attract investors, ultimately affecting your growth.

You Can Use Your Trademark Before You File a Trademark Application

You don't need your trademark application to be approved or to receive the registration certification. You can use your trademark even before you have applied for registration.

Trademarks Should Be Used as Adjectives and Not Nouns or Verbs

You should choose a trademark that can be used as an adjective to your products rather than the noun itself. For instance, you will say, "I want to have Starbucks' coffee," instead of saying, "I want to have a coffee." This increases the value of your mark and offers more recognition and protection.

Ending Note

Being familiar with the simple trademark rules and considerations allows you to practice the trademark confidently and ensures that your business stays safe from infringement. Contact us for more information on the trademark and its registration.