Is it worth trademarking your brand?
The short answer is no. Brand protection, such as trademark, is a separate consideration which is not achieved by these measures and which often goes neglected. Here at LawBite we are frequently asked whether putting trademark protection in place is worth the cost and effort involved.
What is good about trademark?
Securing a registered trademark protects your brand, and provides you with the tools to prevent someone using similar signs and riding off the back of your business. If you do not protect your trademark by registering it, then you may find you are legally prevented from expanding your business.
How long does trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
What is the cheapest way to trademark?
The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.
Why are trademarks so valuable?
With a trademark, you retain exclusive rights to mark your products, with no one else being allowed to use your symbol, name, or slogan in that particular region. … Trademarks provide protection for both businesses and consumers, making them an important part of running a successful company.
What are the disadvantages of trademark?
Disadvantages of Descriptive Trademarks
- Not Qualifying for Registration on the Principal Register. …
- Descriptive Trademarks are Weak Marks. …
- The Trademark Registration Process May Cost More. …
- Your Marketing and Advertising Costs Will Increase. …
- Litigation Can Be Risky, Uncertain, and Expensive With a Descriptive Mark.
Do I really need a trademark?
In general, you must use a trademark in your business in order to have trademark rights. But the USPTO offers a way for businesses to preserve their right to use a trademark in the future. … You will need to begin using your trademark and submit additional paperwork to complete the federal registration process.
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
Why do Trademarks not expire?
Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.
Can I trademark my stage name?
Yes, you can trademark a stage name that you use to promote or sell your products or services. If a stage name is trademarked then it will prevent another individual from performing similar services under the same name.
Can you trademark for free?
You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.
How hard is it to get a trademark?
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.
Can I file a trademark myself?
Yes, as long as you are an American citizen or a company domiciled in the United States, you are able to file your own trademark application.