6 Benefits of Registering Your Trademark
Building a brand takes time. But without proper legal protection, the name, logo, or slogan you worked so hard to develop could be vulnerable to misuse or infringement. This is why registering your trademark is one of the most important steps you can take to secure your brand’s identity. With federal protection through the United States Patent and Trademark Office, you can safeguard your brand nationwide and position your company for long-term growth.
What is a trademark?
Think of a trademark as an identifier for a brand. According to the US Patent and Trademark Office, a trademark or service mark, “includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.”
A trademark is typically the business name or company logo; it is important to have a unique, memorable name or emblem so your customers can easily identify your business amongst your competitors. In addition to names and logos, trademarks can also include slogans, taglines, colors, and even distinctive sounds. Trademarks serve a critical role by helping consumers quickly recognize the origin of goods or services and make informed purchasing decisions.
Trademark Registration Process
The federal trademark registration process is handled by the United States Patent and Trademark Office (USPTO). Before applying, try to do a comprehensive trademark search to determine whether a similar mark is already registered or pending. This step helps reduce the risk of rejection based on “likelihood of confusion.” Next, you can file a trademark application with the USPTO. You’ll be asked to identify the mark, the owner, and the specific goods or services it will cover. The application must also specify whether the mark is already in use or based on an intent to use.
After filing, it may take a few months before a USPTO attorney reviews the application. If there are issues, the USPTO may issue an Office Action requiring a response. If approved, the mark is published in the Official Gazette for a 30-day opposition period. If no one opposes the registration (or any opposition is resolved), the mark proceeds to registration.
Federal trademark registration is the same nationwide. Whether your business is formed in Delaware or any other state, the USPTO process will be identical.
Trademark vs. Copyright vs. Patent
Trademarks, copyrights, and patents are three different ways to protect intellectual property. While they often get confused with one another, they aren’t necessarily interchangeable.
A trademark protects brand identifiers that distinguish your goods or services in the marketplace. Trademark rights are granted through registration with the USPTO and can last indefinitely as long as the mark remains in use and required renewals are filed. Seek a trademark when you want to protect your brand identity.
A copyright protects original works of authorship, including books, website content, music, photographs, artwork, and software code. Copyright protection exists automatically once the work is created in a tangible form, though registration with the U.S. Copyright Office provides additional legal benefits. Apply for copyright protection when you create original creative content.
A patent protects inventions, processes, machines, and certain designs. Patents are also issued by the USPTO and generally last 15 to 20 years, depending on the type. Pursue a patent if you’ve invented a new and useful product that you want to prevent others from making or selling.
Benefits of a Trademark
When starting a business, registering your trademark, logo, and/or business name should be an important consideration. Below are six benefits of registering your trademark.
1. Stronger Legal Protection with Presumed Ownership
Even though unregistered trademarks that are used in connection with the sale of goods or services may have some legal protection, the burden of proof is much higher should someone copy or infringe upon your creation. Having a registered trademark on file gives the business owner additional protections, including presumed ownership, and diminishes the burden of proof.
2. Reduces Risk of Infringement and Rebranding
By registering the trademark, you ensure that your trademark is not similar to any other registered trademarks. If you accidentally infringe upon someone else’s name or trademark, you could be sued by the registered trademark owner and may have to pay legal fees and fines, as well as give up all profits obtained under the unregistered mark.
You could also be forced to pay damages to the owner of the registered mark. If you then have to rename your company or create a new logo, you will lose even more money to new marketing materials. You could also possibly lose customers from the ensuing confusion over your product or identity.
3. Brand Protection
Registering the trademark ensures that other companies will not have a similar trademark and gives your company exclusive rights to operate and market under said trademark.
4. Enables Legal Action
A registered trademark gives you the legal authority to take action against anyone who uses your brand without permission. This includes pursuing lawsuits for infringement and seeking damages for unauthorized use. Beyond domestic enforcement, registration also allows you to record your trademark with U.S. Customs and Border Protection. This process will help customs officials to identify counterfeit goods and stop them from being imported.
5. Boost Authority
You can use the symbol “®” after your trademark, which indicates your mark is federally registered. Beyond legal advantages, the ® symbol can strengthen brand perception, giving consumers greater confidence in your products or services.
6. International Expansion
If your company wants to expand into other countries, you can use your federal registration for foreign trademark filing. Many countries’ trademark offices recognize U.S. federal registration, making it easier to file for foreign trademarks and secure protection abroad. This can help prevent other companies from using your brand in international markets, reducing the risk of costly legal disputes.
Trademark Registration FAQs
Is a trademark the same as a trade name?
No. A “trade name” is basically the name that you’ve used to identify your company. It offers no legal protection or limitless rights for the use of that name; it is just the name. Trade names are registered on the state level, meaning a specific name may be available in one state but not another. For more about this scenario, read about using a DBA.
When should I register my trademark or company name?
The simple answer is: as soon as possible, for the six reasons stated above. Most business owners start to explore the trademark process before even forming the company. It can become quite costly in legal fees to have to amend the company name, should you accidentally infringe upon someone else’s registered trademark.
How long does a trademark last?
After registering your trademark, you will need to renew it every 10 years. Your trademark will technically last forever as long as you renew it when necessary.
*Disclaimer*: Harvard Business Services, Inc. is neither a law firm nor an accounting firm and, even in cases where the author is an attorney, or a tax professional, nothing in this article constitutes legal or tax advice. This article provides general commentary on, and analysis of, the subject addressed. We strongly advise that you consult an attorney or tax professional to receive legal or tax guidance tailored to your specific circumstances. Any action taken or not taken based on this article is at your own risk. If an article cites or provides a link to third-party sources or websites, Harvard Business Services, Inc. is not responsible for and makes no representations regarding such source’s content or accuracy. Opinions expressed in this article do not necessarily reflect those of Harvard Business Services, Inc.
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There are 7 comments left for 6 Benefits of Registering Your Trademark
Absam IPS said: Wednesday, May 21, 2025Great insights on trademark registration! I especially liked how you highlighted the long-term brand protection and legal advantages. Registering a trademark truly helps businesses stand out and build trust with customers. Thanks for sharing these practical benefits!
Trademarking Lawyers said: Thursday, November 10, 2022This is really a great article to read. All creative works are automatically protected by copyright laws. However, registering your copyright will help you add an extra layer of protection over your copyright. Every business owner will want their business name to be protected. They wouldn't want their trade name to be taken by someone else. So it is very necessary while starting a business that you find a name that is not yet registered and register it. To find if a name is registered you can take the help of a href="https://www.ippartnership.com.au/trade-marks.html"trademarking lawyers/a.
HBS Staff replied: Thursday, November 10, 2022Hello,
Thank you for reading our article and glad you can assist any clients who may need assistance with Trademarking.
Ayushi Mishra said: Monday, July 26, 2021Thank You For Sharing Valuable Information. We are a leading Business and legal service providing company in Delhi NCR.
HBS Staff replied: Monday, July 26, 2021Thank you for your feedback!
Stanley Thomas said: Saturday, March 20, 2021I liked the blog, it showed me what is in name of a company"Trade mark" and how to find the source for the products and to find customers.
HBS Staff replied: Monday, March 22, 2021Hi Stanley,
Thank you for you reading our article and we are glad you found it to be helpful and a good resource.
Karan said: Friday, February 12, 2021Thanks for sharing such useful information
HBS Staff replied: Monday, February 15, 2021Hello Karan,
Thank you for reading our article and we're glad you found it helpful.
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