Why You Should Trademark Your Name
Imagine building a business from the ground up, putting all the time + effort into getting it up + running, finally starting to get business + turn a profit, and then you discover there’s another business out there in your industry with the same name. Not a great feeling. It’s *your* name. They can’t just take it. Right?
Well, it depends. If you’ve trademarked your name, then no, they can’t take it (if you decide to take action against them). If you never filed a claim, anyone can use the name. Even if it’s in pretty poor taste morally, they can legally do it. In fact, if you didn’t register a trademark, someone else can start using the name after you, register the trademark themselves, and then take action against *you* for using their trademark.
So, getting your name trademarked seems like a no brainer. However, it can be a costly endeavor to take on before your business is even operational, when you don’t necessarily have a good idea of how it will go. Especially if you use a lawyer + your brand represents multiple goods or services, as the fee to file is a set amount per class of products or services.
It might not always be necessary depending on your business + where you see it going in the future. If you’re planning to be a small, one-location shop selling on-site only, then does it matter if another shop with your name selling a similar product opens across the country? Well, it might if you’re concerned about someone else registering the trademark + having a problem with you using the same name, but if you don’t see potential for any issues from your end, maybe it’s not as pressing a concern.
It really becomes important if you’re planning to expand to multiple locations or online business. When another business could actually become direct competition to yours by using the same name, that’s when you should consider filing to protect yourself.
When you register a trademark, the United States Patent and Trademark Office collects information about your business including the mark you want trademarked, the owner, and the specific services or goods it will cover. Since the point of trademarking is to protect your business from risk of confusion (aka someone else in your industry using it to market the same things), it’s important to list all the services your business provides so you can take action against anyone using your name to sell any of the same products or services as you.
For example, we trademarked our name once we landed on “recreative + co.” as a business offering marketing, branding design, graphic design, photography, and web design services. That way, we’re protected if another marketing, design, or photography company tries to use our brand.
Some business owners even begin considering the trademark process before they form the company at all. When you attempt to begin registering your trademark, you’ll quickly learn if there’s already another business using that name with an existing trademark in place. Knowing that before you start to get operations up + running can help you land on a name + prevent accidental infringement on someone else’s registered trademark, an accident that can lead to costly legal fees if you end up having to amend the name after opening.
In many ways, registering a trademark is a proactive measure. You’re making sure you aren’t infringing on an existing mark, protecting your business from someone else using your name, and you’re making sure someone else won’t be able to swoop in and take your name from you by registering it before you do.
For us, a one-stop shop for any + all marketing needs working with both small, local companies + larger companies across the country, it was well worth it to register our name as a trademark to protect against other companies in our industry using our name, intentionally or accidentally.
