“Do I really need a trademark?“ “Should I wait until my brand is ‘big’ before filing a trademark?” Sounds familiar? If you’ve ever started a business, chances are you've asked yourself these same questions. It’s totally normal to feel unsure at first–but here’s the deal: not knowing the answer to these questions about trademarks and your brand can cost you BIG time.
Picture this: your business is starting to take off bringing thousands of sales, and when you think you’re on top of the world–bam!💥– you find out someone else is using the SAME NAME as you. And they’ve trademarked it. Guess who’s now on the hook for a major rebrand? Yep, you.
So, before we go any further we are here to bust some of the biggest trademark myths:
"A Trademark Means I Own That Word for Everything!"
Spoiler... You Don't!
One of the biggest misconceptions about trademarks is that they give you complete ownership over a word or phrase across every industry, and I’m sorry to break the news for you, but that is not how it works.
When you register a trademark with the USPTO, you have to specify the goods and services you’ll use it for. These fall into 45 different classes that cover everything from clothing to food to tech services. For instance, Delta Airlines and Delta Faucets both have trademarks for the word "Delta." Their trademarks coexist peacefully because they operate in completely different industries and are registered in separate classes.
“I Can Do My Trademark Clearance Search in Google"
Sure, you can jump on Google or even use AI tools to do a quick trademark search, but just because it’s an easy search, that doesn’t mean it's accurate. When you're looking to find out if your preferred brand name is available, a comprehensive trademark search is essential—a Google search just won’t do the trick.
Also, the USPTO takes a closer look at various factors beyond exact matches when reviewing your trademark application. So, it’s a good idea to cover all your bases:
Phonetic matches (e,g., “Kool” vs “Cool”)
Foreign language equivalents (e.g., “Casa” and “House”)
Likelihood of Confusion (e.g., “Koka-Kola” vs “Coca-Cola”)
Having legal guidance by your side is essential to make sure that you conduct this search correctly! With our legal support, we search federal and state databases to identify any potential conflicts. This extensive search helps confirm that your desired trademark is free from infringement and increases the chance of your application being approved.
"Once I Register My Trademark, I’m Set for Life"
Trademark registration does not come with a “set it and forget it” guarantee. To keep your trademark alive, you’ll need to renew it in a specific period:
Between the 5th and 6th year after registration.
Between the 9th and 10th year.
Every 10 years after after registration.
“Common Words Can’t Be Trademarks”
Common words can sometimes make some of the strongest trademarks, especially when they aren't tied to the industry they’re being used in.
Take "Apple," for instance! If the company had picked that name to sell actual apples, the USPTO wouldn’t have approved the trademark because you can’t protect generic words if they’re linked to the same products or services.
But since "Apple" is associated with tech products and innovations instead, they were able to secure a strong trademark!
“A U.S. Trademark Protects Me All Around The World”
Trademark laws are jurisdictional. If you only have a U.S. trademark, you’re protected in the U.S.—and that’s it.
Thinking about taking your business global? Just remember that you'll need to file for trademarks in each country where you want to operate. The good news is that a “passport” for your trademark actually exists, and it’s known as the Madrid Protocol.
This useful option allows trademark owners to submit one application to register their trademark in over 100 countries simultaneously. It’s an excellent way to simplify the international trademark process!
“State Trademarks Are Better Than Federal Ones”
Let’s put this myth to rest for good! State trademarks might seem faster and cheaper, but they are extremely limited. State trademarks ONLY protect your brand within the state, and if your business operates online or across state lines–which most businesses do–a state trademark won’t cut it.
A federal trademark gives you exclusive rights across the U.S. and its territories, while also giving you perks like the ability to sue for infringement in federal court and register your mark internationally.
So, why limit yourself to a state trademark? It might be faster and cheaper, but it will give you more conflicts in the long run.
Stop Guessing, Start Protecting!
In short- trademarks are a must-have for anyone serious about protecting their brand.
Whether you’re just starting or already well on your way, a trademark helps you stand strong in the marketplace, build customer trust, and keep your hard work safe from copycats.
If you're curious about how Imani Law can guide you through the trademark process, We’re here to help! You can book a call with our team or explore our trademark package details to see how we can make this process simple and stress-free for you
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