How Can a Startup Protect Trademarks?

Trademarks reflect a company's identity and reputation, and no business, particularly a startup, can afford any trademark infringements. A trademark could be a logo, word, phrase, shape, color, or anything that distinguishes your products from other products and identifies their source. A trademark may be as valuable as one of your large clients, so you must have competent means for its protection. Whether registered or not, protecting your trademark requires planning, diligence, and constant vigilance.

As a startup, before you apply to register your trademark, search to ensure that the logo, symbol, names, or phrases you want to use aren't already taken. This is essential as it ensures that you are not infringing on someone else's trademark. This is particularly critical if that exposes your business to legal action by the legitimate trademark rights holder. If you are applying in America, this is done through the United States Patent and Trademark Office (USPTO).

If you have not formally registered intellectual property, including trademarks, you have very little legal recourse if you fall victim to brand abuse. Counterfeiters would have a field day without the protection offered by trademarks registration. Once your search confirms that your mark cannot be confused with others, it's essential to register everything around your preferred trademark. This includes company names, product names, slogans, and logos. In addition, anything that makes references to your trademark should also be registered for added protection.

Protecting your trademark is an essential tool in marketing as it distinguishes your products from those being manufactured or marketed by your competitors. In addition, consider whether you can also use the same mark, registered in your home country in other markets or countries. This may involve conducting an international screening search when you are developing a trademark to help you avoid unpleasant surprises when you try using it in a foreign market. To prevent brand piracy issues, it's better to apply for trademark registration in all countries you intend to target. For instance, a trademark registered in Mexico doesn't mean it's also registered in the US or France. Each country has a separate trademarks register.

Rogue websites are created with malicious intentions to infringe a company's IP. You may need to seek guidance from an IP expert to learn which areas of your business might require IP protection. An IP expert will also help you overcome potential objections during the examination process. You can also seek the assistance of a trademark agent to avoid potential pitfalls. When you protect your IP, you also protect your trademark, copyrights, designs.

Watch services are hired to help dig and find copycats or anything dubious surrounding your marks in different trademark registries. Also known as domain name watchers, watch services also investigate the trademark violator's websites for hidden tags and text that might be abusing your trademark. The trademark abusers may be ripping off your registered trademark by selling similar products to yours.

Signing non-disclosure agreements (NDAs) with your principal partners is essential. Agreeing to work with other companies or businesses without instituting robust protections for confidential information can put your brand or trademark at considerable risk.

Reasons Why Start-up Needs a Lawyer

Starting a business requires a lot of organization and planning—asides from sourcing funds from private federal or state authorities. While you might need to get employees that will help run your business. It is equally important that you hire a lawyer to guide you through the legal intricacies of running a start-up.

They usually advise on the necessary documentation that the company must file with the government before the business is duly registered. In instances where a company or a start-up is not required to be registered, the lawyer will oversee the process of acquiring the requisite perm and licenses from the government and other regulatory bodies.

A business or a start-up can take different forms under law. The business form adopted by the founder will determine whether the company will assume the legal personality and whether the founder's liability will be limited or unlimited. The lawyer then advises the founder on the most appropriate business form. The business could be registered as a limited liability company (LLC), a corporation, a sole proprietorship, and a partnership.

A lawyer understands that a corporation is a legal person and is distinct from the founder. This means the corporation has the power to go about its activities separate from the founder's identity. Similarly, an LLC is a corporation with limited liability. This means that the founder will not be held responsible or liable for the company's activities.

As a registered company, your start-up has a corporate personality. This means that it can enter into contracts, sue, and get sued. So it is essential to have lawyers who review contracts and agreements to ensure that they are not contrary to the law.

Because the United States is a federation and different states have different laws regulating startup-ups and small businesses, it is essential that you ensure their no loopholes in your legal compliance. Lawyers go to the core of a start-up because they are key in the formation process. They play an essential role in registering the business with the appropriate government agencies and regulatory bodies.

Seeing that tax evasion is illegal, individuals and businesses must pay tax either to federal, state, or local authorities. When a business fails to file tax returns as they ought or in instances where they fail to pay a specific amount, they might enter into legal disputes with the Internal Revenue Service (IRS).

Therefore, it is important that you employ a start-up lawyer to acquaint you with the various tax obligations and responsibilities that you might have under the law. This is important because it helps you save valuable time and costs that might come from litigation and penalties from the IRS.

Further, a lawyer can play a very important role in helping a start-up organize its insurance liabilities. This is important because start-ups are prone to many insurance liabilities. For instance, if the start-up is into logistics, they might need to insure their automobiles and understand the rights and liabilities from such insurance.

Similarly, lawyers ensure that a start-up's products are adequately protected from competitors. For example, lawyers ensure that the company's intellectual property is adequately protected. When companies do not enforce mechanisms that protect their copies, trademarks, and inventions, they will be exploited by competitors.

BETA and Tech.mn's TCSW

By utilizing her expertise as an attorney, Jamie Hurewitz serves as Mattermost’s head of legal. Even in her spare time, Jamie Hurewitz helps small businesses in her community grow by public outreach and speaking engagements via events like the Twin Cities Startup Week (TCSW).

Held by local businesses BETA and Tech.mn, the TCSW provides St. Paul and Minneapolis entrepreneurs opportunities than just venues like meeting investors and free access to mentorship. The event celebrates aspiring and successful small business owners and their importance to the local economy. Via information sessions focused around topics chosen by the attendees and residents, BETA and Tech.mn invest heavily in creating a successful event. TCSW is one of the largest events of its kind. It hosted over 19,000 total attendees and staff in 2019.

TCSW occurs during September of the given event year. Asides from the free events, like the information sessions and art and culture exhibitions, dedicated supporters can purchase the BETA Pass to gain entry to BETA’s Slack channel, more intimate events, and networking opportunities. Out-of-state entrepreneurs could apply for the Fly-In program, which not only included a BETA pass but a curated event list.