When you first start out in business, you’re bound to spend a whole lot of time coming up with an innovative idea that can sell. You’ll attempt to identify gaps in the market, and spend hours mulling over products you could offer. It can be extremely frustrating to launch a product. Especially when you see similar products being advertised shortly after your launch. So, how do you avoid this headache? Trademarking is just one option. Let’s take a moment to get to understand this process a little better!
What Is a Trademark?
A trademark is essentially a badge of origin. It shows consumers that a product has been derived from a particular company. A trademark will distinguish the products that you are providing from any others on the market. A trademark can take various forms, but the most common tend to be:
- Words
- Slogans
- Logos
- Jingles
- Shapes
Avoiding Infringement
You need to be entirely sure that the trademark you intend to apply for doesn’t infringe on anybody else’s existing trademark. This could result in rejection or legal problems. There are various different search engines that you can use that will provide you with a full list of existing trademarks. It’s best to consult this sooner rather than later in the trademarking process!
Applying for Trademarks
Applying for trademarks will entail a different process depending on what exactly it is that you are trying to trademark. Securing a trademark on an extremely niche brand name with obscure spelling can prove a whole lot easier than cannabis trademark applications trying to incorporate regional words or descriptive words. However, you can receive advice and guidance throughout and the entire process shouldn’t take all too long.
Continuing Protection of a Trademark
When you are granted a trademark, it’s important to remember that it is not yours to use unconditionally forever. You do generally need to engage in particular behaviors in order to continue protection of your trademark. Generally speaking, the trademark must continue to be used in commerce, have required fees paid and kept up to date, and must be identified as a trademark when used. You also need to ensure that the trademark you have used doesn’t become a term or phrase commonly used to describe something else. This could result in problems and a need to change your trademark.
While these may just be the basics, hopefully, they have endowed you with a little more information regarding trademarking. It’s bound to come in useful at some point or another down the line!
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