Five Common Misunderstandings About Trademarks (and What You Need to Know Instead)

 Seeing as we are all surrounded by trademarks on a daily basis, most people think they know what a trademark is and what it protects. But if you are starting a business and want to protect your brand, it is vital that you find out about the nuances of registering and using trademarks. There are many common misconceptions about trademarks. Here are five that you need to know about.

Trademarks and Copyrights Are the Same

Many people make the mistake of thinking trademarks and copyrights are one and the same, but they simply are not. Copyright is typically used to protect creative works like songs, movies, and books, whereas trademarks protect things like logos and brand names. Occasionally, some things can be covered by both a trademark and copyright, but most of the time, things fall into one category or the other.                                            

Registering a Trademark Is Complicated

Contrary to popular belief, registering a trademark is not complicated. At least, it is not if you get a professional trademark attorney to help. For instance, by using the trademark registration services on this page, it is a simple matter of going through three steps. Firstly, a trademark attorney performs a comprehensive study to discover the classes and possibilities that your trademark can belong to. Secondly, a trademark attorney files and processes your trademark application with the United States Patent and Trademark Office, which includes all the necessary formalities. Lastly, when your trademark receives approval, the attorney will process your certification of trademark registration. It really can be as simple as that.

You Should Wait Until Your Business Grows to Register Your Trademark

You may think that it is only necessary to protect things like your brand name and logo once your company becomes more well-known. But you would be wrong. In fact, you should apply for trademark registration even before your business is officially launched. By registering your trademark from the beginning of your business journey, you can ensure you do not infringe on another company’s intellectual property rights and stop anyone from copying your logo or brand name. If you leave the registration until your business has grown more, it could be too late to protect your brand. Before you even register your trademark, you should research other trademarks. By knowing what other similar businesses and trademarks are out there, you can be aware of and avoid potential problems.

No One Can Use Your Brand’s Name Once It Is Trademarked

It is untrue that no one can use your brand name after it has been officially trademarked. The reason is trademark registration only applies to the classes of services and goods that your particular trademark is registered in. Classes are divided into categories like construction services and restaurants. So, a trademarked brand in the same sector may not be copied, but if you are running a restaurant called “Sunrise,” a construction company could use the same name without infringing on your trademark.

Your Business Name Should Be Named After What It Sells

This is false. Your business should not be named after the products or services it sells. In fact, if you do try to name your business in this fashion, it is most likely that your trademark application will not be accepted. Descriptive names that simply describe a product or service are simply not eligible for trademark registration. For instance, trying to trademark a person’s name, as in “Johnny’s Pizzeria,” would not usually be possible. So, be creative in the brand name you come up with to ensure the Trademark Office will accept it. You will then have a robustly protected trademark and you can turn your attention to focusing on growing your brand.