Independent Contractors & Individuals – Should You Trademark Your Name?
Protecting your hard-earned reputation and the value of your brand is essential for building a successful business of any type; Individuals and subcontractors are no exception. Whether a behemoth like Nike, independent contractors, or an individual, the benefits of a trademark are the same. As an individual or independent contractor, your brand’s reputation and perceived value can be more critical than larger concerns with more resources for promotion and legal protection.
After all, it is you who is the face of your brand.
What Is an Independent Contractor?
Here is the general description from the IRS.
The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.
In other words, individuals and independent contractors are not employees. This means that you work when and where you wish, receive no paid benefits like medical or vacation, and get paid by the project, retaining responsibility for all payroll taxes.
Why Trademark Your Name?
One excellent reason is to protect against someone snagging your name’s domain registration. In today’s marketplace, this could be disastrous.
Such nefarious actors can utterly destroy your reputation. That’s bad enough for a business name but horrible when your name is under attack.
A registered trademark allows you to sue others attempting to take advantage of your hard work. Your trademark will also set you apart from those offering similar products or services.
Acquiring a stellar reputation, creating a compelling brand identity, and building forward on a platform of success are all up for grabs without registering your name/business name.
How to Trademark Your Name
The trademark process works the same for everyone, from giant corporations to you, as an individual. Often, freelancers/subcontractors use their given or full name to identify their business.
Using your name implies consent, but you must still meet USPTO requirements. When registering a name other than yours, you must receive legal consent from that individual.
Like all applicants, you must determine if your name is available to register. This may sound odd because it’s your name, but all registrations must clear this hurdle and establish that their name will not cause confusion with existing trademarks in any way.
Choose the Right Classification
Filing under the correct classification is critical for a successful registration. Typically, individuals and subcontractors provide services and will file within the service classes from 35 to 45. The type of work you perform and the industry or industries you serve will determine your Nice Classification.
Working in various industries or offering a variety of services may require applications in multiple classes. Although this may seem redundant, achieving complete trademark protection in specific circumstances is necessary.
Time to Submit Your Registration
After covering all these bases, you can file your application with the USPTO. Ideally, everything is complete and accurate, and your examiner signs off on your successful trademark application. But, you cannot assume that this will happen.
More than half of applicants can expect to receive at least one Office Action from their examiner.
An Office Action indicates issues that can sink your application. You must respond by a specific time, and failing to do so will cause termination of the application. You will now need to start the process anew, costing you significant time and money.
Be prepared to address and respond to these issues quickly and clearly.
Do-It-Yourself?
If all of this seems overwhelming, you are in excellent company.
Like any government bureaucracy, understanding the nuance and terminology at the USPTO can be daunting. The internal process can be equally confounding and often opaque.
It takes substantial study and experience to deal effectively with the intricacies of the trademark registration process. Filing on your own will usually not prove successful. Hiring a qualified trademark attorney will significantly improve your chances of trademark approval.
Expect hourly rates in the hundreds of dollars when you search for trademark attorneys. And remember, you will also be paying these fees for any response requiring their expertise.
Or…
Controlling costs is a high priority for any business, especially a small business. The expense of legal help in this process can be worth every penny.
The problem is, you have no idea how much you will eventually spend or if that expense will result in a registered trademark.
Trademark Factory®‘s 100% money-back guarantee promises a fixed cost and professional legal representation throughout the process.
We take care of everything from name search to approval. Most importantly, if your application is denied, you receive a full refund from Trademark Factory®.
Sound Good?
The value of freeing up all the time to file and track your trademark application through this arduous process can be priceless. As an independent contractor or individual, your time is your highest value profit center.
Doing what you do best should be the focus of your efforts. Hiring Trademark Factory® can be one of your most profitable decisions.
Contact us today and begin the process to register your trademark with a 100% guarantee successfully.