Trademarking your firm can avert years of litigation
To protect your business from future litigation, and help your company through its growth cycles, it makes sense to talk to a trademark attorney sooner rather than later.
Early planning can save you years of aggravation and potentially huge legal bills down the road.
Consider this: The average consumer is bombarded with up to 10,000 brand messages per day. Every last one of these messages is connected to a business that evokes some sort of initial reaction from the consumer. If you are that business owner, the importance of trademarking your brand cannot be emphasized enough. Here are the top five reasons why.
TRADEMARKS ARE IMPORTANT ASSETS: Your brand is the single greatest asset created by your business. All the reputation, successes and relationships that you develop as a business owner are contained within your brand. It ties everything in your business together and creates a cohesive reputation for your brand. Trademarks can even help you expand from one industry into another, and are critical to your valuation if your business is purchased or acquired. Each year in business, happy customer and successful transaction makes your trademark more valuable.
TRADEMARKS HELP YOU SELL PRODUCTS AND SERVICES: When you hear the name of your favorite company, how does that make you feel? Think of a place you love to shop, or where they have the best food or the most incredible specials. Now think of a business that has horrible customer service, where you have been treated poorly or “that place that always gets my order wrong.” All of these emotions tie back to a business’ brand. They elicit passionate responses from consumers, and when you are doing something right, they arouse a very positive connection to your business. The stronger a consumer’s emotional connection to your brand, the more it will drive sales of your product or service. Trademarks are the legal construct that protects your brand identity and business reputation.
TRADEMARKS MAKE YOUR BUSINESS STAND OUT: With a registered trademark, that brand name or logo is yours, and others have constructive notice not to use a confusingly similar mark. Furthermore, the ® symbol after your name or logo reflects to your current and potential consumers that you take pride in your reputation, have protected your brand and that use of a similar mark could have dire consequences. Having your business trademarked is a great way to ensure that your brand is a unique and distinct source of the goods or services that you are offering.
TRADEMARKS KEEP YOUR BUSINESS SAFE: We’ve all
heard of a company or business not doing their research and getting hit with a cease and desist letter. While it can be taxing, it is worth your time to assess your business name or logo in order to ensure its individuality and in order to avoid future conflicts and headaches. When copy and paste is as simple as a few clicks and Photoshop can make the unreal look real, you want to make sure your business is protected in today’s digital world. Putting in the effort up front to evaluate your brand will only help your business in the long run.
TRADEMARKS WILL EVOLVE WITH YOUR BUSINESS: When Disney was founded in 1923, it is unlikely that brothers Walt and Roy envisioned a world in which their business would be the international mass media and entertainment conglomerate it is today. The words “digital subscription streaming services” were not part of their original plan when trademarking the Disney name. And yet here we are, nearly 100 years later, and the Disney business and brand is alive and well. This is because trademarks do not expire and can grow and evolve as your business does. Even if you end up changing the core product or service you provide, your brand can carry your business through the transition and help your business survive during challenging times.
Whether you’re just starting up or have been in business for decades, be sure you’ve trademarked your business name. It will eliminate future confusion, help you stand out from the competition and ensure your longevity.
Blackgarden Law specializes in business law with offices in New Mexico, Arizona and Colorado.