Don’t Neglect Federal Trademark Applications

Aug 17, 2018

New Invention? New Secret Recipe? File Your Federal Trademark Application Now!

Many inventors and entrepreneurs understand the value of patenting their inventions or products or of keeping new recipes and formulations secret to protect their ideas from being stolen or copied. However, they often fail to consider the value of trademarking the branding which is associated with their product, which can be more valuable than a patent.

Unlike a patent, which protects the function or design of a product, a trademark protects branding, which may be used by consumers to distinguish one company’s products from those of another company. Branding may include symbols, words, phrases, or even distinctive aspects of the design of the product itself, provided that such characteristics may be used by consumers to distinguish the source of a product.

When it comes to products, consumers often rely on branding, rather than patentable differences or characteristics of products to determine which products to purchase. While your patents may prevent your closest competitors from producing similar or identical products, your patents cannot stop them from imitating your branding or packaging to steal your customers. However, trademark registrations are an excellent tool to protect your branding.

In conjunction with a concerted marketing campaign, a protected trademark can help ensure that your customers keep coming back to you. Not only does your brand allow customers to easily identify your products, it allows them to better appreciate the differences between your products, helping to maximize the value of your business.
Pursuing and securing federal and/or state trademark registrations for your brands should be a vital business goal that is pursued while you work to commercialize your new products, recipes, services, and formulations.

Five More Reasons Why You Need to Immediately Protect Your Brands With Trademark Registrations

In addition to establishing your brand, trademark registrations can play a substantial role in allowing you to secure your company’s reputation and good will. Five of the top reasons to immediately seek trademark registrations for your brands are::

  • To Better Utilize Social Media and Internet Marketing

Your customers are more likely to enter a brand name when searching for a product online. Associating a strong brand that is protected by trademark registrations with your invention, products, recipes, etc. can give you a distinct advantage as your product becomes more recognizable in the market. As more consumers enter your brand for online searches, the traffic to your website increases, which should also increase future revenue.

  • To Better Communicate with Your Customers

Successful companies use their brands and trademark registrations to create an emotional link between their customers and their products. Your branding can convey your company’s reputation for quality and commitment to customer satisfaction. A successful brand that is protected by trademark registrations is much more likely to become a symbol that communicates a strong message about your company and your products.

  • To Provide Long Term Protection for Your Business

Patents have a limited duration, and thus cannot offer perpetual protection for your products. Trademark registrations, on the other hand, may be renewed indefinitely to allow your brand to be protected as long as it is continually used in the marketplace. Consider household brands such as Apple, Coca-Cola, GE, Bayer, and Nike have all outlived initial patents and become almost synonymous with the products they represent. Even though products similar to yours may be invented and patented in the future, your brands that are protected by trademark registrations can an ensure that your products are the ones that consumers look for first.

  • To Help New Customers Find You

Consumers have thousands of items to choose from in the marketplace. Depending on your invention, there could be hundreds of items that are similar. You need strong branding that is protected by registered trademarks to set your brand apart from everything else on the market. A brand should capture the consumer’s attention and invoke strong positive emotions about your product. This requires a successful marketing strategy which starts with protecting your brand from being copied by obtaining trademark registrations.
An effective marketing campaign to create your brand is costly. Protecting your brand with a trademark application ensures another company cannot benefit from your advertising dollars.

  • Trademarks Registrations are a Valuable Asset

The time and money required to create a successful brand are investments which allow your brand to gain popularity and customer loyalty. Should you decide to sell your business or brand in the future, a strong portfolio of registered trademarks which protect your brands can ensure that you receive significant monetary compensation for your business.

Working with Professionals to Build and Protect Your Brand
Many companies work closely with marketing professionals and industry experts to create branding for their products, formulations, recipes, and services. However, if you do not take the legal steps to protect your brand with registered trademarks, all of your hard work and money may be wasted. Securing your branding in addition to your patent rights or trade secrets is critical for the success of your business.

If you have questions about protecting your branding, obtaining patent protection, contracts, or other startup issues, please contact Garcia-Zamor Intellectual Property Law, LLC. With over twenty years of experience, our lawyers can help you obtain the protection you want so that you can focus on your business.