The importance of having a registered trademark for your business
The importance of having
a registered trademark
for your business

Regardless if your business is new or well established, a logo is one of the fundamental assets that every business should have. The visual essence of the brand and identity is essentially a company’s logo. You can get your logo design from design companies, friends, relatives, ready made templates or even making it yourself. No matter how, or where you get a logo design from.

There are some questions you need to consider.

  1. Would you like to have a unique logo that no one similar to yours in the marketplace?
  2. Do you want to make other brands afraid of copying your great creativity of logo design?
  3. Do you have an issue with people using your logo without informing you?
  4. Do you consider your business logo under trademark law’s protection?

The benefits of a registered trademark

Many businesses are curious why they must invest so much in designing a registered trademark? Moreover, they are uncertain as to why the design expense is an enormous distinction between a logo and a registered trademark? It is because of the time spent in design and procedure with a trademark attorney and the United States Patent and Trademark Office (USPTO), until it successfully becomes a registered trademark. One statement which can interpret this well, is “you obtain what you pay for.”

Although it is not a requirement for a logo to have a registered trademark, it is still a great way to ensure that your logo is secured. Generally, A registered trademark protects the brand names and the logos which are used on goods and services. Here are some of the significant reasons of a registered trademark, that we would like to contribute:

  1. Exclusive – Every business' logo represents the company and the brand in the marketplace. When a logo has not registered with the trademark law, this means it can be duplicated and imitated without protection. Are you happy about seeing your logo identical or similar to the competition next door? Alternatively, would you prefer to be unique in your marketplace?
  2. Safeguard – The objective of a registered trademark is to protect your business’s brand identity in the marketplace. Your registered trademark is governed by federal law. When it appears on labels, packaging, or the product itself, and in public, it will be fully secured under the trademark law.
  3. Ownership – When you register a trademark successfully, it means that other businesses cannot have a related look to yours and cannot use your registered trademark. Even if anyone who wishes to acquire your registered trademark in their references or articles, they must notify you first and obtain your agreement of usage.
  4. Trust – When you are performing business with a registered trademark, it is a tremendous way to gain trust from existing and potential customers. Also, it is a substantiate of a determined and trustworthy.
  5. Liability – Your registered trademark will standout and be exclusive in the marketplace. Your responsibility is to ensure the intellectual property has not been imitated or damaged. In other words, it applies even if you have to appeal against someone for infringement.
  6. Lifetime – Once you register your trademark successfully, you will be the lifetime authorized owner. You only have to remember to renew your registration on time, before the expiry date. It’s a significant Intangible asset that you will be grateful to get for your long-lasting business.

 

The difference between the symbols of TM, SM, and “R” in the circle

Do you know which symbol you should use for your trademark? Generally, the three are TM, SM and “R” located in the circle. We would like to contribute an explanation regarding the difference between these symbols.

  1. TM – The symbol of an unregistered trademark. It may be secured under the laws of local or state, but it’s not protected by federal law. Its usage is on goods and physical things.
  2. SM – The symbol of SM is nearly the same as TM. It’s also a symbol of an unregistered trademark that claims common law rights in the mark. It also will not be protected by federal law. Its usage is on services.
  3. “R” in a circle – A symbol of federal registration. Once your trademark is successfully registered with the United States Patent and Trademark Office (USPTO), you can candidly use the symbol of “R” in the circle. It also guaranteed that your registered trademark is fully protected by the federal law.

The conclusion is that both TM and SM are used to claim an unregistered trademark with common law rights, besides federal law.



How long does it take for registering a trademark?

USPTO is an agency in charge of U.S. patents and registering trademarks. There are tons of applicants are waiting for their outcomes. The patient is a prerequisite when you are confident for registration. It may take up to 12 months, or longer. It really depends on USPTO’s proceed of the stage. In our case of Moon Gold registered a trademark, it took us about nine months for applying and responding to the USPTO office actions and oppositions, until the concluding certificate was in our hands.

We have designed business logos for many corporations, smaller businesses, startups, and sole proprietorship. A logo can be created from a sketch or a refresh of your existing logo. As you have witnessed, that many tremendous brands have had evidence of their logos evolving over the years. It is essential that your logo convey the spirit of your business. Creating the trend of design is the key to making your business’s logo standout amongst others in the marketplace.

We have been in the graphic design business for over 15 years. I established my first graphic & web design business in 2011 as Orsay Design. I didn’t think I would demand a trademark for my field. My logo was commonly a “W” which is the first letter of my name Will. In 2017, I launched Moon Gold. It grew from the initial sketch on paper into the finely polished version you see today. Our logo embodies the aspect of our essence – The evolving of creativity and conception. It’s also successfully registered trademark has secured by the federal law since April 17th, 2018.

 

 

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