The Legal Landscape: Trademarking Your Brand Name


Difference between brand and trademark - iPleaders


Your brand name is your identity. It’s the first impression you make on potential customers and a key element in building brand loyalty. But with a great name comes a great responsibility: protecting it. That’s where trademarks come in.


In this blog, we’ll delve into the legal considerations of trademarking your brand name, empowering you to navigate the exciting yet complex world of intellectual property.


Why Trademark Your Brand Name?


Business name trademark infringement explained - Red Points


Trademarking offers a wealth of benefits:


  • Exclusivity: A registered trademark grants you the exclusive right to use your brand name for the specific goods or services you offer. This discourages competitors from using confusingly similar names, protecting your brand identity and market share.


  • Legal recourse: If someone infringes on your trademark, you have the legal grounds to take action, potentially including filing a lawsuit to stop them.


  • Brand recognition: A registered trademark symbol (®) signifies ownership and professionalism, fostering trust with consumers.


  • Increased value: A strong trademark can become a valuable asset, potentially increasing your brand’s overall value.


Before You Apply: Conducting a Trademark Search


The first step is to ensure your desired brand name isn’t already trademarked by someone else. Here’s where a comprehensive trademark search comes in:


  • USPTO’s Trademark Electronic Search System (TESS): This free resource allows you to search the US Patent and Trademark Office (USPTO) database for existing trademarks.


  • Consider professional help: Trademark attorneys can conduct a more thorough search, including state trademark databases and common law rights, for a more complete picture.


Understanding Trademark Classifications


Trademarks are registered for specific classes of goods or services. The USPTO classifies goods and services into 45 distinct classes. You’ll need to identify the class(es) that best represent your brand’s offerings when filing your application.


The Trademark Application Process


The trademark application process can be complex, but here’s a simplified breakdown:


  • Choose a filing method: You can file online through the USPTO’s Trademark Electronic Application System (TEAS) or submit a paper application.


  • Complete the application form: This includes details about your brand name, the goods or services you offer, and any existing use of the trademark.


  • Pay the filing fee: The cost varies depending on the filing method and the type of application.


  • Respond to USPTO inquiries: The USPTO may request additional information or clarifications during the review process.


  • Registration granted: If everything goes smoothly, the USPTO will register your trademark, granting you legal protection.


Maintaining Your Trademark


A registered trademark is not a “set it and forget it” deal. To maintain its validity:


  • Use the trademark in commerce: You must actively use your trademark on your products or services.


  • File renewal applications: Trademarks are valid for 10 years, with the option to renew them indefinitely upon filing and paying fees.


Seeking Professional Help


Trademark law can be intricate. Consider consulting a trademark attorney for guidance throughout the process, especially for complex situations or valuable brands.




Trademarking your brand name is a crucial step in safeguarding your business’s identity and future. By understanding the legal considerations and taking the necessary steps, you can build a strong foundation for your brand’s success.


By: Nica Layug


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