Whether you operate locally or globally, knowing how to trademark your business name for long-term brand security is essential. An interesting metric to consider is that it’s estimated that small businesses lose an estimated $1.5 billion annually to brand infringement.
In this comprehensive guide, we take you through trademarking and then explore international registrars so you can also see some of the actionable examples.
What Is a Trademark and Why Does It Matter?
A trademark protects symbols, words, or phrases that identify and distinguish a business or brand from others. It helps establish ownership and builds brand recognition. The World Intellectual Property Organization (WIPO) reports that in 2022, 13.4 million trademark applications were received worldwide.
Why It Matters:
- Brand Protection: Prevents competitors from using a similar name or logo.
- Market Credibility: Customers associate a trademarked name with professionalism and trustworthiness.
- Global Expansion: Protects your brand as you grow into international markets.
Types of Trademarks
- Word Marks: Protects a specific word or phrase. (e.g., “Nike”, “Coca-Cola”).
- Design Marks: Covers logos, symbols, or images. (e.g., Apple’s bitten apple).
- Service Marks: Shows that it represents services, not goods. (e.g. FedEx on delivery and logistics)
- Trade Dress: Protects the unique look and feel of a product or packaging (e.g., Coca-Cola’s bottle shape).
- Sound Marks – Protects distinctive sounds associated with a brand (e.g., NBC’s chimes).
Advantages of Trademarking Your Business Name
- Legal Protection: Trademark prevents others from using your name.
- Brand Identity: Enhances your unique brand image in the marketplace.
- Exclusive Rights: Ensures you are the sole owner of the name.
| Example:Coca-Cola’s trademark prevents other beverage companies from using its age-old name or script logo. Thus, its identity remains unique worldwide. |
Steps to Trademark Your Business Name
1. Research and Ensure Name Availability
Before applying for a trademark, confirm that your business name is unique and not already in use.
How to Conduct a Name Search:
- Use trademark databases (e.g., USPTO, EUIPO).
- Search online directories and domain names.
- Check industry-specific registers if applicable.
Tools:
- USPTO’s TESS Database for U.S. trademarks.
- EUIPO’s eSearch Plus for European trademarks.
| Example:Before launching “GreenLeaf Solutions,” a business owner found a similar name in the USPTO database and adjusted it to “EcoGreen Leaf” to avoid conflicts. |
2. Choose the Right Trademark Class
Trademarks are categorized into 45 classes representing various goods and services (e.g., Class 25 for clothing and Class 43 for food services). Choose the correct class to avoid issues during the application process.
3. Prepare Your Application
Key information you’ll need:
- Your business name, logo, or tagline.
- The trademark class.
- Proof of business use or intent to use the name.
- Applicant details.
4. File with the Appropriate Registrar
Trademark applications must be submitted to a trademark office. Depending on where you operate, you may need to apply locally or internationally.
Trademark Registrars Around the World
1. United States: United States Patent and Trademark Office (USPTO)
- Application Fee: Starts at $250 per class.
- Processing Time: 8–12 months.
- Scope: Protects trademarks within the U.S.
- Population: 334.9 million
Example: A Florida-based bakery trademarked “Sweet Bliss” with the USPTO to secure exclusive rights in the U.S. market.
2. Europe: European Union Intellectual Property Office (EUIPO)
- Application Fee: €850 for one class.
- Processing Time: 4–6 months.
- Scope: Covers all 27 EU member states.
- Population: 449.2 million
Example: A German fashion brand used EUIPO to trademark its logo, ensuring protection across Europe.
3. International: World Intellectual Property Organization (WIPO)
- Application Fee: Starts at CHF 653 (Swiss francs).
- Processing Time: 12–18 months.
- Scope: Protects trademarks in up to 128 member countries.
How It Works:Before applying for international protection through the Madrid System, you must register with a national office, such as the USPTO or EUIPO.
| Example: A Canadian software company registered its name in Canada first and then applied for global protection via WIPO. |
4. India: Intellectual Property India (IPI)
- Application Fee: ₹4,500–₹9,000.
- Processing Time: 6–12 months.
- Scope: Protects trademarks within India.
- Population: 1.429 billion
| Example: A startup in Mumbai trademarked its brand name to avoid copycats in the competitive Indian tech market. |
5. United Kingdom: UK Intellectual Property Office (UKIPO)
- Application Fee: £170 for one class.
- Processing Time: 3–4 months.
- Scope: Covers the UK.
- Population: 68.35 million
| Example: A British tea company trademarked its name and logo to secure branding rights post-Brexit. |
6. China: China National Intellectual Property Administration (CNIPA)
- Application Fee: ¥300 per class.
- Processing Time: 12–18 months.
- Scope: Protects trademarks within China.
- Population: 1.411 billion
| Example: A U.S.-based electronics company trademarked its name in China to prevent counterfeit products. |
7. Australia: IP Australia
- Application Fee: AUD 250 per class.
- Processing Time: 7–10 months.
- Scope: Covers Australia.
- Population: 26.6 million
| Example: A local skincare brand trademarked its name to ensure exclusivity in the Australian market. |
Common Trademark Pitfalls and How to Avoid Them
1. Failing to Conduct a Thorough Name Search
Most applicants fail to cross-check in international databases, resulting in rejection or legal disputes.
Solution: Ensure your name is unique by searching local and global databases.
2. Choosing the Wrong Class
Filing under the wrong trademark class can make your application invalid.
Solution: Research trademark classes thoroughly or consult a professional.
3. Neglecting to Renew Your Trademark
Trademarks require renewal every 10 years in most jurisdictions.
Solution: Set reminders for renewal dates and keep documentation up to date.
Trademark Enforcement and Protection
Monitoring Unauthorized Use
Use online tools like TrademarkNow to track misuse of your business name.
Taking Legal Action
Issue a cease-and-desist letter for minor infringements or pursue legal action for significant violations.
Renewing Your Trademark
Trademarks must be renewed periodically to remain valid. Ensure timely renewals to avoid losing protection.
FAQs on How to Trademark your Business
Do I Need a Lawyer to Trademark My Business Name?
How Long Does a Trademark Last?
Can I trademark a name that is already in use?
What Happens if My Application is Denied?
How Can I Check the Status of My Trademark?
What’s the Difference Between ™ and ®?
Conclusion
Trademarking your business name is essential to owning and protecting your brand. You need to know how it is done and which registrar suits you to avoid common mistakes and ensure your business for the long haul.
Whether local or global, a trademark helps establish credibility and foster customer trust while ensuring long-term success. Begin your trademark journey today. It’s for the future of your brand.
