What and When Should I Trademark?

What and When Should I Trademark?


“What is a trademark and why should I have one?”

A trademark is any word, phrase or design that identifies the source of your goods or services. A trademark gives you the exclusive right to use your name in your industry. Trademark registration gives you protection against would-be copycats in all 50 states. Trademarking allows you to stop competitors from using your name, make money off your name with licensing agreements, gives your brand credibility, and makes sure you have a name that will last.

"What kind of trademarks do I have in my business?"

Here are all of the things you can trademark - most businesses have at least 3.

  • Your business name

  • Your logo

  • Your course name

  • Your catchphrase/slogan

  • A hashtag

  • Your podcast name

  • Your membership community name

  • The name of your product or services (you probably have a few)

  • A distinctive sound or color that identifies the source of your goods/services (think red bottom shoes).

"When Should I Trademark?"

You can trademark a word or design either when you are using it in commerce or when you have a good faith intention to use it in the future. The filing date of a trademark application at the USPTO constitutes “constructive use” of the trademark and this date gives you priority over someone wanting to trademark the name after you. The sooner you file, the sooner you beat would-be competitors for the rights to your name.

Ready to get your brand protected? BOOK A 15-MINUTE CALL with me to learn about the process.

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