A company’s tradename and logo are valuable assets. Consumers’ ability to associate a brand with a business’ goods and services is a critical advantage against competition. Once a brand is designed and marketed—often at significant expense—many companies fail to take the next step to protect that investment: getting a trademark.

Federal trademark registration can confer numerous benefits, including:

1. Nationwide protection of your mark;
2. The right and ability to sue people who infringe on trademark rights in federal court with the possibility of triple damages and attorneys’ fees;
3. A presumption of validity that would prevent infringers from claiming that they were allowed to copy or use a confusingly similar mark;
4. Advantages in disputing other people’s use of the mark in domain names under the international Uniform Domain Name Dispute Resolution Policy; and
5. The opportunity to put the nation on notice of a mark’s ownership through inclusion on the federal principal trademark register and the use of the ® symbol.

Using a brand in commerce can help enforce trademark rights against third parties who may wish to confuse or deceive customers.

So-called “common law” rights are helpful, but limited compared to federal registration because they are only enforceable in the region where a business operates. For those companies that are expanding the reach of a brand and operations, federal registration of the name and logo should be a key component of that growth strategy.

For all the benefits it provides, federal trademark registration is a relatively simple process. The first step is to clear the mark in question to ensure that no else has already secured trademark protection. This exercise starts with a “knock-out” search of Trademark Electronic Search System (TESS). If that search clears, a company should consult search engines and relevant Secretary of State business registries to find other parties utilizing a similar mark. For added peace of mind, best practices dictate retaining a third-party searching service to review public records, social media, and business directories. These vendors charge modest flat fees and have a pretty impressive turnaround time. Once the uniqueness of the mark is established (i.e., that no other individuals or companies are using such a mark and that the company is the first to do so), a company should proceed to the application stage.

In preparing the trademark application, there are important decisions that must be made to ensure a mark receives the needed protection. Many critical pieces of information must be included in the application, such as the date the mark was first used, the industry it is used in, a description of the mark, and evidence of use. Trademark examiners will consider all of these factors when deciding on whether to approve an application. How the trademark and other information is presented in the application will have lasting implications on the protection the mark receives.

Once filed, the application is reviewed by a trademark examiner who reviews the application within the appropriate legal framework. If there is an application deficiency, they will issue an office action and request a response from the applicant. A company may either respond or let the application lapse, after which time the trademark office will ultimately accept or deny an application. An acceptance notice entitles a company to a fully protected federal mark, which will require some maintenance documents every few years to uphold.