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Should I Trademark My Online Business Name?
Your name is your superpower. What you call yourself (personally or professionally) is your unique identifier. Your name, aka your identity, sets you apart from people/ businesses with similar names. Entrepreneurs realize that it takes hard work to establish their brand and create an identity different from their competitors. So, how will you stand out without blending? How will you organically grow your business? As a result, business owners must establish their rights to ensure that their name is one of a kind. Therefore, it is important to trademark your online business name.
Scroll on to learn why you SHOULD trademark your online business name. Learn how to start the trademarking process and resources to help you start trademarking your business or brand today.
So, what is a trademark?
A trademark is a symbol or word(s) legally registered or established by use as representing a company or product. Registering a trademark helps protect a name or brand from intellectual property theft or misuse as a business grows (Forbes). The U.S. Patent and Trademark Office website is where entrepreneurs can go to begin the trademark application process, search the trademark database, and check the status of a trademark. Filling out the trademark application is an easy beginner’s first step to trademarking your business.
How does a trademark help my business?
It gives you a legal avenue to protect your business or brand from copycats replicating your identity. Trademarking your business name, product, or symbol can protect you from scammers looking to make a profit off of your name. In other words, a trademark establishes your exclusive business owner rights to use your name, symbol, or word(s). Trademarking also helps you run a successful company. You will also be able to use the ® symbol next to a successfully registered trademarked name. Completing your trademark registration will make it much easier to file for trademark registration in other countries.
I have an LLC, sole proprietorship, and DBA business. My brand is already protected.
That’s great that you formed your online business. However, you should still decide to trademark your business or brand. A trademark is different in the sense that:
- Forming an LLC (limited liability company) only protects you from individuals using your business name/symbol in your state. It does not protect you nationally or internationally.
- DBA or doing business as; only protects you from individuals using your business name/symbol in your state. It does not protect you nationally or internationally.
- A copyright will protect original artistic and literary works. Copyrights apply to logos but usually do not apply to names.
How to Trademark Your Business Name
Here’s how you can start trademarking your online business today:
First, remember filling out the application is the initial step. If you do not have the necessary information for your application, an attorney can help you with this step. Next, you should figure out what trademark class you want your business’ name or symbol recognized in before submitting your application. (There are 45 trademark classes, and each trademark class covers a wide range of goods or services.)
Example: If a beauty company with the name “Enchanted” wanted to register this name in the cosmetics trademark class, it could. However, if this company also produced jewelry, it might require an added listing in the jewelry trademark class. Therefore, the beauty company has to file for each trademark class that the business will be listed under.
Additionally, if you want to trademark the same name for multiple classes, it might be a little costly. It costs as low as $250 to file a trademark application. To file for a trademarked name for multiple classes, that’s $250 for each trademark class.
Attorneys Can Trademark Your Online Business Name
Sometimes it is best to talk about things like this with your lawyer or attorney. If you are not sure how to fill out your trademark application, schedule a time to consult with your attorney or lawyer. If you do not have an attorney or lawyer, I have an available online resource for you.
Attorney Kiara Taite is a licensed Mississippi trademark attorney dedicated to protecting your legacy. She provides her trademark services to business owners and entrepreneurs anywhere in the country!
Attorney Taite is an attorney equipped to help you understand why trademarking your online business is key to protecting your brand, filing the trademark application, explaining trademark classes/ fees in greater detail, and getting your business trademarked.
If you are looking for quality legal service in the U.S., then look no further. The Law Office of Kiara Taite’s mission is to ensure that clients are equipped with the knowledge, tools, and quality legal representation required to create, protect, and preserve the legacies they intend to leave behind for their children, loved ones, community, or the culture. Visit the Law Office of Kiara Taite website to learn more about her services, fees, and to schedule a time to consult with her about trademarking your online business today!
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