By the time you have gone through your morning, chances are you’ve already looked at or noticed dozens of trademarked designs, whether it’s the logo on your clothing or the labels on your appliances. Trademarked designed are the highly recognizable symbols of a company, and that’s why they receive such a high level of legal protection. Trademarking your design is a relatively straightforward process, yet very specific, and worth the time it takes should you ever need to protect your company’s designs from infringement.

What is a trademark and what does it protect?

A trademark is, literally, the mark of a trade. If you conduct any sort of business, whether in goods or services, and your company has a specific marker that it uses (color of packaging, logo, company name, etc.), then those designs can be registered as your trademark.

Trademarks can come in many shapes, styles, or forms but the key is they have to be distinctive and tied to a specific company or brand. Since trademarks are closely tied to one company as a symbol of its work, they need to be protected against imitators and copycats. Otherwise, if another company starts to use a similar design but for a different set of goods and services, then customers may be confused as to who or what is really selling them the product.

Why you should consider trademarking your design

Federal registration means that your design has met the standards for the US Patent Office and gives you the right to use that design throughout the country, not just in your local area.

It also can be a preventative measure against trademark infringement. Registered trademarks can be looked up more readily than unregistered trademarks. By letting future companies know that your design has been trademarked, and how, they will know not to use your trademarked name or style when creating their own designs. Intent plays a role in determining the damages of a trademark infringement suit, so letting other companies know about your design is in both your best interests.

With federal trademark protection, you also can use federal jurisdiction in a trademark dispute and gain a better position for international business dealings. In some countries, trademarks must be registered to have any legal protection, and if you want to prevent a foreign country from importing a trademark similar to yours, you will need to register yours with the U.S. Customs Service.

Protecting your trademark

Legally, trademark infringement is defined as the unauthorized and illegal use of a trademark or service mark, which leads to confusion between the original trademark—the one that you have registered—and a copycat.

To count as trademark infringement, a few elements must be proven. The mark must be used for commerce, that is, to buy or sell goods and services, the mark must be both valid and eligible as a trademark, and whoever makes a claim must own the mark.

If all that is true, then trademark infringement can be determined with some simple tests, starting with two standard ones that are used in almost every state.

First, how similar are the two marks? They do not have to be identical, but if they look alike, that may be enough. Secondly, how closely related are the two goods and services being advertised? There are other tests as well, which a licensed patent lawyer can go into when evaluating your case.

What to do if you think your trademark is being infringed?

The best resource, in this case, is a lawyer who specializes in patent law. They will know the specific laws and remedies available in your state, and what options you may have on a federal level to protect your trademark.

Legal remedies for trademark infringement may include monetary awards for damages, lost profits, and other forms of compensation. Under US common law, the protection goes to the person who can prove that they used the design first, while in other countries, a person or business cannot sue to protect a non-trademarked designed. 

Conclusion

When you run a business, you want your customers to know who you are and what you can bring to them quickly and easily. A trademark is a recognizable symbol or word that defines those goods or services you bring to them, so any trademark infringement caused by a similar design or name hurts both you and your customers. Registering your trademark is a good way to protect your business’ best interests and avoid costly legal battles to defend your trademarks.

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