What Your Startup Needs to Know About Trademarking
If you’ve ever worked at a startup, you’re well aware that no matter what position you’re in at the company–bottom of the totem pole or CEO–becoming a jack of all trades is essential for the business to survive. One day, you’ll be putting on the hat of a saleswoman. Next, you’ll find yourself designing landing pages to draw traffic to your website. Bottom line–it can get chaotic and messy rather quickly. Still, it is an exciting journey where you get to evolve and develop in multiple areas while simultaneously specializing in your trade. It can even help you uncover different areas of expertise that you might not have originally thought you’d be interested in, but have discovered is your true superpower.
Needless to say, when working at a startup, there’s an overload of tasks you are likely to be engaging in every single day, so taking a load of stress off whenever possible is vital to sustaining both mentally and as a business. That’s why we dedicated this entire article to help you understand what is essential about trademarking for startups, so you can work freely knowing that your business is protected.
Intellectual Property Basics to Secure Your Startup
This might be obvious to some, but just because you’ve established a solid name or slogan for your business does not mean it is yours to keep. Before you settle on a business name, you need to do a proper trademark search in the system. This ensures that no one else has already trademarked your business name, design logo, or combination mark.
It’s similar to choosing a band name–you might think you struck gold and have come up with something super catchy, clever, and unique, but someone across the pond might have had the same idea. The name is fair game until you’ve established that no one else has already claimed it, and then proceeded to file a trademark application for the appropriate classes. In other words, forming a business doesn’t equate to registering your trademark with the government; you must acquire federal trademark registration. Once this is squared away, you’ll ideally want to form an LLC or business entity with your associated trademarked name.
But seriously, it would be unfortunate to get excited about a name you’ve created for yourself only to find that it is already claimed and that you must go back to the drawing board. Once you’ve searched for your name and confirmed it’s yours for the taking, you must register with the USPTO to secure nationwide protection. Registering your trademark with the government acknowledges you have exclusive rights to using the mark commercially, and when people search the USPTO database, it will be publicly apparent that you have ownership. Moreover, if you ever need to appear in court or face legal issues, this can serve as documentation. Additionally, you get the right to use the federal registration symbol ™.
Now that we’ve gotten that way, let’s clarify other trademarking suggestions pertaining to startups.
Set yourself aside from the crowd with an arbitrary or fanciful mark
You want something that people will remember. The more random, the better, as you will have a very low risk that other businesses will have that mark claimed. It’s truly your best bet in getting approval for your trademark. Made-up names like Sephora or a word that implies a product or service’s qualities without naming them directly, such as Magic Eraser, are eligible for trademarking. Get creative and spend time on this–it’s your most valuable asset.
Investigate which class categories apply to you
Do your research or consult a trademarking guru who can help guide you through what class categories you should file on your trademark application. For some startups, it’s a simple investigation. For others that offer a wide range of goods and services, filing for trademarks can become more complex. Your trademarks will allow you to diversify your goods and services, create and procure more value, and potentially help you broaden your horizons into franchising or licensing your trademark.
Stay within your industry when filing for trademark categories.
While you should iron out what goods and services your startup will likely provide overtime, don’t go crazy with your trademarking application by filing for an overload of class categories. The cost of trademarking is not only expensive but time-consuming. When starting out, it is best to obtain statutory trademark protection for a limited number of vital marks in just a few jurisdictions. As you grow, we recommend you continue to file for trademarks that are worth protection.
Similarly, if you think you’ll revamp product names quickly or aren’t fully set on what you’ve got going, you probably won’t need to trademark just yet. McDonald’s started with just a few trademarks, then applied for more only after gaining traction. Their trademarks now include some immensely distinguishable goods only buyable at their fast-food establishment, including the Happy Meal, the McChicken, the Sausage McMuffin, and the Quarter Pounder.
Remember that your brand name, logo design, or slogan can evolve.
Don’t hesitate to trademark simply because you aren’t dead set on your name, logo, slogan, or overall vision. It’s best to put your foot in the door, keep moving, and revert to filing other trademarks if changes need to be made. You don’t have to be stuck with your current name and logo forever, but you will need to protect it if it changes. Coca-Cola has changed its slogan many times–62 to be exact-and trademarked all of them.
Put careful thought into marketing strategies for your startup.
With distinguishing and unique trademarks to identify your startup, your business can quickly become a powerhouse–but only with well-thought-out promotional and outreach strategies. Once you’ve locked in your trademarks, working on a brand strategy is crucial to amplify your identity and draw in your target audience. Invest time and money in this area, and your startup will blossom. There are plenty of ways to use your trademarks, but the goal is to enhance brand recognition to the masses, which means marketing techniques are just as pertinent as creating a solid brand identity. The two go hand in hand.
Leverage your trademarks when approaching investors
Trademarks give you credibility, and investors will take you seriously when you show you’ve done the backend work to establish yourself in whatever industry you’re hoping to break into. Your trademarks are your company’s greatest assets, after all, so pitch your startup to investors by demonstrating that you believe deeply in your brand, that your startup can provide unmatched value, and that you are more than confident it is worth protecting.
We hope you found this article helpful to your startup endeavors! Our goal is to help entrepreneurs thrive in what they do. We want you to succeed in all facets of your being, starting with protecting your ideas. If you would like to schedule a consultation with one of our trademarking experts to learn more about how to secure your startup, we would love to learn more about you and your business goals.
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