An organization’s intellectual property helps it stand out from the competition. Some companies prosecute patents because they have unique products that they developed through costly research and investment. Other organizations copyright original creative works to ensure that others do not attempt to monetize what their workers created or their company purchased from creators.
Leaders at organizations often go to great lengths to protect trade secrets through thorough contracts and careful organizational planning. Business leaders may also want to consider acquiring trademark protection for images or logos that represent the company.
Why are trademarks important?
A trademark can play a critical role in a company’s branding. It can allow the company to stand out from competitors and make it easier for consumers to choose the business’s products or recognize its facilities. Registering a trademark is critical for the protection of this symbol that represents the brand. The process of registering a trademark is far more complex than entrepreneurs and business leaders may initially realize. Many organizations outsource trademark registration to streamline the process and improve their chances of success.
Trademark research is complex
Obtaining a trademark is only possible if another company has not already registered a similar trademark. The United States Patent and Trademark Office (USPTO) does provide a searchable database that people can access. However, the process of reviewing existing trademarks can be difficult for those with no experience to manage. They have to evaluate hundreds or even thousands of registered trademarks in the same industry and adjacent industries for a likelihood of confusion.
Visual similarity is one concern. Even having a similar name when spoken aloud can be enough to raise questions about a trademark. Those who are unfamiliar with the USPTO’s policies and the trademark research process could easily overlook existing trademarks that could make a proposed trademark unacceptable to the USPTO.
Registration is only the first step
After establishing that a proposed trademark is in fact unique within a specific economic niche, a company can formally register the image that represents its brand. At that point, the organization must prioritize consistent enforcement.
Leaders need to monitor online activity and knock-off products to ensure that competitors or fly-by-night organizations don’t use similar images or inappropriately use the company’s registered trademark to confuse and manipulate consumers. Trademark registration makes it easier to enforce trademarks after discovering infringing activities intended to confuse consumers and encroach on an organization’s market share.
Those intending to obtain trademark protections may benefit from consulting with legal professionals who are familiar with trademark research, registration and protection. Obtaining the right support can make it easier for a company to successfully brand itself and protect its intellectual property.