Do You Need Your Business Name Trademarked

 

Do You Need Your Business Name Trademarked November 2001
By Bob Brolhorst

A name is important to a business. It's so important, in fact, that names can
be trademarked, which means they're owned. Kind of like domain names, once
it's used it's gone. But you can't trademark a person's name if it doesn't
belong to you. I could not trademark Jay Leno no matter how hard I'd want
to try.

You apply for a trademark through the Department of Commerce. You can
either do it yourself or hire an attorney. I did it myself to save money. Once
the application goes in, you can use "tm" after the slogan or name to indicate
you lay claim to it. It takes up to one year to get permission and the
certificate from the Department of Commerce, although their goal is to
shorten that to a matter of 4-6 months, but it was worth every penny of
investment.

To own a name or a slogan, to make it truly yours, to gain the recognition that
marketing that slogan can give you, trademark it and protect it. Every seven
years, renew it.

Yes, trademarks are necessary, because it gives you an identity, a goal, and a
source of pride toward what you took your time and money to protect your
business.

What can happen if you don't trademark your business name? You could be
given a court order to reliquish part or all of your profits from a product
that you sell. How is this possible?

Let's say for an example that you use a business name that has been
trade marked by another company. By law, if this other business owner
finds out that you are selling products under her/his business name and
you are taken to court a judge can rule that you give up all your profits
to the business owner that has the business name trademarked.

Bob Brolhorst
Wave 5 Marketing
bbrolhorst@wave5marketing.com
http://www.wave5marketing.com