Why Trademark Your Business Name and Logo

The name of the business is important for customer recognition and goodwill, among other things.  Business owners in California whose business does not extend across state lines may find that their business name is sufficiently protected by forming a business entity with the California Secretary of State.  This prevents another California business from likewise forming an entity in California and using the same name, as the California Secretary of State will reject a new business with the same name as an existing registered business.  

However, some business owners may desire for their business name to receive protection beyond state lines.  In such cases, trademarking a business name and logo with the USPTO may be a worthwhile investment.  A registered trademark provides the exclusive right to use a business name in connection with identified and applicable goods and services, and provides business owners with enforcement rights.  In summary, significant advantages to trademarking a business name include but are not limited to:

• Nationwide trademark protection and possibly abroad, as U.S. registration may allow for trademark registration in other countries;
• Use of the registered trademark symbol, ®;
• Public record of your ownership and the date of first use, discouraging others that conduct a proper trademark search from using your business name; and
• Enforcement rights in federal court.

Business owners may also want to trademark their business logo separately.  Separately registering a logo and business name allows the business to use either on its own. Conversely, if a business were to register a name and logo together, as in the case of a logo with a company name incorporated into it, the business must use them together at all times to receive protection.  However, in many circumstances, due to various advertising or marketing objectives, businesses use their business logo and name separately.  Where that is foreseeable if not already in practice, registering the name and logo separately provides independent protection for each.  The cost for each trademark is $250/mark/class.

Smith Shapourian & Mignano P.C. is available to answer any questions or concerns you may have regarding trademarking your business name and/or logo.  

This blog does not constitute solicitation or provision of legal advice, and does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or matter in a timely manner, as statutes of limitations may bar your claim.