By Jean D. Sifleet, Esq., CPA
It’s very upsetting to find someone using your business name, or one that is “confusingly similar.”
If your business name, tagline or brand is important to your business, then it makes sense to take steps to legally protect it. The level of protection – state, federal or international – depends on where you do business. As business becomes more global every day, it is smart to be proactive about protecting your business name.
What does Trademark registration protect?
Trademark protection is available for any word, phrase, name, symbol, sound … that identifies or distinguishes your product or service from those made or sold by others. It includes the exclusive right to use the mark in connection with the goods and/or services listed in the registration. Steps to Protect Your Name
1. Reserve the Internet Domain name(s). You may want to also reserve similar names or common misspellings.
2. Use ™ or SM symbols. Put the Trademark (TM) or Servicemark (SM) symbol on your materials. This puts the world on notice that you are claiming the mark.
3. Register in your State. Massachusetts updated its trademark laws in August 2006 and is now more consistent with other states. For more information about Massachusetts check out: http://www.sec.state.ma.us/cor/corpweb/cortmsm/tmsminf.htm
4. Register in the U.S. The federal filing fee ranges from $275 to $375 per class depending on whether you file electronically. Once approved, you can use the ® (stands for registered mark), and the protection can be renewed indefinitely as long as the mark is used in commerce. http://www.uspto.gov/main/trademarks.htm
5. Register Internationally. International registration has become much easier with the Madrid Protocol (effective November 2003), which allows a mark to be protected in several countries by filing a single application.
About the author:This article is excerpted from Business Attorney Jean Sifleet’s book, “Advantage IP – Profit from Your Great Ideas” (Infinity 2005). As a member of Hassett & Donnelly’s business practice group, Jean focuses on counseling privately held companies on a broad range of business matters including leveraging intellectual property and successfully implementing ownership transitions. For more information see: http://www.hassettanddonnelly.com
