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.