Why should a new firm in the United States trademark its name?

Introduction

If you have a business name that you’d want to reserve, protect, and expand – trademark it through the US Trademark Application procedure. If you don’t, someone else may possess your trademark even if they aren’t currently using it.

To hold it for you.

A trademark is a term, phrase, symbol, or design that identifies and differentiates the source of one party’s goods from those of another. A service mark is similar to a trademark in that it identifies and differentiates the provider of a service as opposed to a product. A registered trademark holder has the exclusive right to use it in connection with the products or services specified in the registration.

When you register your company name as a federal trademark, you are reserving it for yourself so that no one else may use it in the future. It also protects you against someone who decides to start using your business name without permission or files an application for their own version after hearing about yours.

To guard against loss.

Someone else will be able to use your trademark if you do not. The law states unequivocally that a trademark is only protected if it is currently in use. If you do not utilise your trademark for an extended period of time, it becomes accessible for others to register and use. This might be an issue if someone else attempts to steal your good name—and your company!

You must protect your trademark rights. While this may appear to be scary, there are numerous methods to protect yourself against someone else assuming your business identity through the legal system:

Trademark monitoring services continuously monitor for new trademarks or revisions to existing ones that may clash with yours; they will notify you of any possible problems so you may file an application before anybody else (or at least before they can even start).

Trademark enforcement services assist businesses in suing competitors who use similar names without permission or infringe on other types of intellectual property such as logos or slogans by sending cease-and-desist letters on their behalf; these services typically charge per hour rather than per document sent out because they provide more comprehensive support than simply sending a single letter could provide.

To aid with the prevention of unauthorised use of your name.

To protect your company name, you may utilise one of three forms of trademark protection:

Trademark registration is a federally registered legal right to be the only owner of a protected brand. It’s tough and expensive to obtain, but once obtained, it lasts for as long as you want it to. You might stop someone from infringing on your trademark rights by employing a confusingly similar mark (for example, if there were two firms called “SEO Company”). (Note: This does not preclude them from attempting, and maybe succeeding, with their own variant.)

Unregistered common law rights – they are not official or legally enforceable; they are more of an informal type of protection against third parties that would shamelessly steal or use the same name without permission from the original owner (this is sometimes called “passing off”). For example, if someone were to operate under the moniker “SEO Company” without obtaining any type of official registration for it, we could probably still ban them from using our generic phrase because we’ve been using it for longer than they have (and thus have established common law rights). A lot hinges on how solid our claim is in comparison to theirs; if there was no substantial difference between our respective firms’ operations or products—or if theirs was significantly superior in terms of quality—then judges would find no reason why customers should prefer yours over theirs!

To make it easier to register a website domain that is similar to your company name.

The second reason to trademark your company name is to reserve your domain name. A domain is a website address, such as www.example.com or www.example.org – it’s the online equivalent of a building’s street address or phone number.

The simplest approach to reserve your domain name is to register it with one of the big registrars (such as GoDaddy), which will cost you between $8 and $12 per year plus setup costs (often about $18). However, there are two caveats: if someone else has already registered that same site address before you do this step, they will be able to keep using it even if they did not trademark their company’s name; and if the owner of the website decides later on down the road that they want to sell off their website without completely handing over control first, anyone who registers now will have no legal rights over ownership!

That is why we propose performing both actions simultaneously – reserve while reserving!

To make future licencing and franchising of your business easy.

Trademarks are beneficial for a number of reasons. For example, if you ever wish to licence or franchise your firm, you’ll need to establish ownership. To achieve this, you must have a trademarked name so that there is no mistake about who owns it. If someone else has trademarked your company name, they may claim ownership and refuse you permission to use, licence, or franchise under that name.

If you don’t, someone else may possess your trademark even if they aren’t currently using it.

Although you may not need to worry about protecting your company name, it is always a good idea to register your trademark. If you don’t, someone else may possess your trademark even if they aren’t currently using it.

If someone else registers a similar or identical mark after yours and first uses it in commerce, they can prevent you from registering that name as a domain name or as a trademark. They might potentially submit a federal trademark application for that name at any point in the future and claim priority rights over yours due to their earlier registration date. If this occurs, you will be obliged to alter your company’s name and spend money enhancing brand recognition once more!

Conclusion

That is why it is critical to secure your company’s brand using trademark register services . If you don’t, someone else may possess your trademark even if they aren’t currently using it. And if they start utilising it, they might make all kinds of claims about how much money they’ve invested in growing their brand—which would cost you a lot of money to combat!