Importance of trademark protection for startups

In your startup, what have you thought to protect? Offices and equipment from fire or loss? Yourself from suit for liability? What about the value of your intellectual property? Created products like software or a machine, certainly, but more. What about your tradename and related elements of your brand?

Trademarks and copyrights can protect many elements of this intellectual property. Some parts and phrases can’t be ‘claimed’ like this, but many can. Have you made a search for others who may ‘be there’ before you? Are you building a brand with a unique name that no one else owns?

That search will be part of your application for protection but, even before that, if you haven’t searched, make it an immediate priority. You will put time and money into that brand; make sure you’re doing what you can to protect it.

Maybe this is your first time with a startup or your first time building a brand. First, business-wise, how do you want to be remembered? That’s where to start.

Usually a phrase (like “You deserve a break today” – McDonald’s); a symbol like the Nike swoosh; some sort of design; or a combination of these, are things that make people aware of your company. The better you do, the more goodwill you will receive when people see these things that speak to them about your company.

 A trademark can:

1) identify and differentiate a company, along with its products and services, from competitors;                             

2) create instant recognition and convey quality;

3) allow a brand to expand into new markets or products by leveraging brand strength;

4) help attract talented workers who value working in a company that has a strong brand; and

5) be perpetual since trademarks can be renewed, if done properly, and won’t expire like copyrights and patents¹ (Every country’s regulations regarding the life of a copyright and a patent may vary).

Once the founders figure out what they want their company to be about, they should initiate that search for anyone else who has used a name or phrase like your ideas. The best place to start would be with an attorney that specializes in these types of laws.

They can direct the entrepreneurs on what to do to file with the whatever your country or countries call the trademark office. In the United States, it would be the United States Patent & Trademark Office. On the USPTO website, you can check to see if your idea is already patented – although it is not a failsafe method.

After this is done, and if you receive approval for your trademark, the other thing to consider is how to protect this trademark. This diligence must start immediately and continue for the life of the company.

A diligent lookout for violations and consistent responses to encroachments will be important if you want to pursue legal action to protect your rights. Whether you take a somewhat casual or more aggressive approach to protecting your trademark would depend on how the owners of the trademark want to defend it. There have been instances where it would be better to take a laid-back approach if it gives a better public image to the product.

For example, if there is a “fan base” for a particular movie series that dresses up in costume and goes to events that have a theme based on this movie, it is more than likely better for those owning those movie rights to tread carefully with the severity of enforcement. Other times, a tougher approach may be needed to protect your important brand interests.

¹ Startups Must Protect Their Trademark, Here’s How and Why by Kristen Corpion, Entrepreneur, August 25, 2022