EDMOND —
Q: I am a small business owner. I’ve worked hard to establish my company name and reputation. Should I trademark my name and logo?
A: If you have created a unique name, catch-phrase or logo design to use to identify your business, you should consider trademark protection. Here’s why: Many businesses put a lot of effort into creating an identity for their company or product. Whether they use signs, advertisements, T-shirts or other marketing techniques, companies use their name, logo, catch-phrase or other methods to separate themselves from their competitors and to encourage brand loyalty.
The last thing you want after that type of investment in time and money is for another company to piggy-back on your efforts because of its similarity to your business. Customers may become confused. This is where trademark protection can step in to help you.
Technically, trademarks apply to the sale of goods and service marks apply to the sale of services. However, for ease, I will refer to both as trademarks. A trademark can be registered in one or more categories. Once a trademark is registered, it creates a presumption that you own the rights to that name, catch-phrase or logo. No one, anywhere in the United States, can use the same or a substantially similar trademark in any of the categories under which you registered. To do so means an infringement of your mark and the potential for a federal infringement lawsuit against the offending party.
Many people are surprised to learn trademark registration need not be expensive. It is done by the federal Patent and Trademark Office in Washington, D.C. Fortunately, a trip to the capital is unnecessary. The application can be managed electronically, and correspondence with the PTO examining attorney is done online, with the occasional phone call.
A trademark may become a valuable asset of a company. Like any other asset, it has value and can be sold. How much less would the Coca-Cola company be worth if a buyer were not allowed to use the names Coke, Coca-Cola, Diet Coke or Sprite to describe its products?
Just as you lock your doors, install security cameras or otherwise take steps to protect your company’s assets, you should not let your company’s trademarkable assets go unprotected. Trademark registration is the way to accomplish that protection.
R. SCOTT THOMPSON is a partner with Lester, Loving & Davies law firm in Edmond. He may be reached via e-mail at sthompson@lldlaw.com. More information about the firm may be found at www.lldlaw.com. Send your questions to questions@lldlaw.com.
Local News
Businesses should consider trademark protection
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