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5 Ways to Increase Your Chances of Trademark Success

September 12, 2021

The trademarking process can often feel tricky, but there are some simple ways to accelerate securing your brand assets. As trademark attorneys, we’ve noticed that there are 5 ways to increase your chances of trademark success. Best of all, each of these items is something that YOU can make happen. We know you have a busy calendar as a business owner, we crafted easy-to-complete action items that will increase your confidence about entering the trademarking process.

CONFIRM YOUR TRADEMARK IS AVAILABLE ASAP

Trademarking your business name, logo, and slogan can ensure that no one else has the legal rights to use them in your industry. But what if someone else is already using these incredible ideas before you? If you are proactive about ensuring your brand name, logo, and slogan are available before you build a brand on them, it saves you so much time and energy. As business owners ourselves, we know the amount of work that goes into the creative thought process behind your foundational brand identity, and we only want you to do that once! Start investigating if someone else is using any of them as soon as you can. A great place to start is searching the trademark database.

THE PROFESSIONAL ANALYSIS IS WORTH YOUR TIME

As you begin that search, working with an attorney to mastermind the exploration will unlock tools and resources you didn’t know existed. Not only do we have paid access to professional research software, we also know exactly where to look outside of Google and Instagram to ensure another business didn’t jump in front of you with a trademark application that could dash your chances of getting approved. Outside of our comprehensive search skills, we can also provide experienced analysis and insight into how the USPTO will review your application and consider your case. We believe you should feel equipped to grasp your own legal standing because knowledge is power. There’s no better feeling than understanding every aspect of your business.

If you’re interested in working with us, we offer packages that cover an in-depth search and the preparation of your application. Share your info here, and we’ll send the details to your inbox!

THINK YOUR TRADEMARK IS TAKEN? THINK AGAIN!

The entire trademarking system was founded by the government to prevent consumer confusion and brands from misrepresenting themselves. Luckily, brands having similar trademarks are rarely cut-and-dry situations. In our experience, there’s usually room for nuance and building a solid case for your trademark. If you reach the point where you’ve discovered someone else is using a version of your business name, logo, or slogan, there are options. First, ask yourself, are they in a different industry? If the answer is yes, this can actually strengthen your case for trademarking your brand asset because there is a precedent set and the USPTO generally upholds what they have decided upon before. Second, ask yourself, have they trademarked it? (We recommend consulting an attorney because not all trademarked brands utilize the ® symbol.) If the answer is yes and the brand asset has been trademarked but isn’t completely identical to yours, this can be a great situation for your trademark. An experienced attorney can analyze the situation and let you know what the USPTO will likely say and how to make a case for the uniqueness of your trademark if the USPTO thinks twice about approving your application.

DO THIS FOR YOUR BRAND, TODAY

As we move forward into the actionable items you can do for your brand, here’s something you can do TODAY. Add the ™ symbol to the brand asset (business name, logo, slogan etc) you’d like to trademark. Do this on your website and social media, placing it in the top right corner of the brand asset. When the USPTO reviews your case, this will signal to them that you’re serious about safeguarding your brand assets and you are marking what is yours. On the consumer side, adding that symbol to your brand will make you stand out from your competition and signal that you take what you do seriously. It’s a winning scenario! Practically, it’s as easy as copy + pasting the ™ symbol right from this blog post or use Option + 2 to type it from your keyboard.

A quick note on symbols, it’s important to note that you shouldn’t use the ® symbol on your trademark until you’ve been given the green light of approval by the USPTO. If you race ahead and add this too quickly, it’ll mean that your application gets denied.

Did we ignite your brain and leave you craving more knowledge? You’ll want to read our breakdown of the difference between the ™ and ® symbols. We’re ready to send it straight to your inbox.

The fact that you’re here means safeguarding your digital goldmine is a top priority. Using these 5 ways to increase your chances of trademark success will give you a leg up in the race to trademark approval. We’re here to ensure you are equipped with insight and practical tips for brand security so be sure to keep the education rolling and read about how a trademark is registered here or inquire to work with us here.

This post is for general education and does not initiate an attorney-client relationship with us. We always recommend consulting a trademark attorney for your brand’s specific needs.

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