Why You Shouldn't Wait To Trademark Your Brand

Brad Smith • Nov 22, 2020

Most entrepreneurs and business owners wonder whether they should trademark their company name. A short, sweet, to the point, and strong trademark adds significant value to your brand. When it comes to how consumers interact with your brand, trademarks play a vital role.


Customer's purchase decisions are strongly influenced by trademarks, which work to define the overall reputation of the brand. A trademark or service mark can be any name, word, symbol, or device used to identify and distinguish your brand. It is typically a business's unique identity, used to help position themselves among competitors. Below are some reasons why you shouldn't wait to trademark your brand.

Trademarks Provide Maximum Protection to Your Brand

Protection is primary for every business and enterprise. One of the major reasons why you should trademark your company is that it provides maximum protection possible. You've poured blood, sweat, and tears for years to build your brand. It is significant to make sure that your endeavor is protected against competition.


Unauthorized businesses that use a trademark without authorization can damage a business and brand reputation. Trademarks build a barrier to entry around your brand, making it harder for such parties to imitate you. When you register for a trademark, your brand becomes strong, and the world will have notice of your registration in the US. 


Filing for trademark registration will protect your business in all countries in which it operates or intends to operate in. You can be sure that all services and products you provide are well-protected. You'll have to monitor your registration for infringers, but your registration will show in a TESS database search. You can claim for trademark infringement against other accounts on online platforms like Facebook, Instagram, Etsy, Shopify, and Amazon.


Trademark infringement claims made against someone else will only be enforced for brands that have their trademark registered. With registration, you have the ability to shut down a business that is infringing on your trademark. This way, online platforms will be required to shut down the business of infringers. You can potentially save a hefty amount by shutting down a business without any lawsuit. 

File Earlier To Avoid Problems during the Trademark Process

One of the reasons why you shouldn't wait to register your trademark is; the process is simpler for new business. If you file your application earlier, there are fewer chances of encountering problems in the trademark process. Trademarks are registered according to the date of filing. A business that files first has the true rights to the trademark. This means that any other company can register your name first even if you are using it already. In the case that someone has registered the name you are using, you will have to take additional steps to trademark your business. You will have to spend more money and time to obtain your registration. Though it is not impossible to get yourself registered after someone else has filed, you'll want to avoid this process. 


Moreover, the registration of the trademark can be canceled only in the initial five years of registration. After these five years, you'll have to prove that the other company has registered fraudulently. This can be very difficult to prove, as you may encounter a number of barriers. After five years or that company's registration, it doesn't matter who was in business first. It can be difficult or even impossible for you to claim trademark infringement. So, it's better not to wait and to register your business as soon as possible.

Evade Common Law Issues

Another important reason for filing your trademark as soon as possible is to avoid common-law issues. The common law trademark gives you some rights. These rights will be very challenging to enforce.


Sometimes the other party may abide by your demands even when you have the right. When the other party is not taking you seriously, you can sue for trademark infringement with a common law trademark. But common law trademark is a pretty challenging lawsuit when compared to one that features a registered trademark. A registered trademark saves you time and money. There are 99% guaranteed chances that you'll have to spend more money on common law trademark. Without any solid reasons, you shouldn't depend on a common law trademark.

Increase Your Brand Awareness on Social Media and Internet 

Most people look for their desired products on social media and the internet. Higher website or social media traffic results in higher ranking and will drive even more traffic. The audience will prefer a well reputed and registered company over others.


Brand recognition depends upon the liability of a business. Once you've earned customer's trust, they'll search you by name next time, thus increasing your website traffic. Trademarks increase business value with time. After your brand gets recognized, you can expand your business to more industries.

Effective Communication Tools to Convey Your Brand Message

Trademarks convey your brand message and its intellectual and emotional attributes with a single brand or logo. It represents your business, company's reputation, products, and services. In this crowded marketplace, it has become hard to distinguish your business from your competitors. With trademarks, you can make your products and services stand out. They serve as an efficient commercial communication tool to capture the attention, thus helping your business grow.


A company with a trademark is more likely to earn a customer's trust. After viewing a trademark, customers immediately know the reputation of a brand and are less likely to look for alternatives. It acts as a critical factor in driving the purchase decision of consumers.

Final Thoughts

There are a number of benefits to filing a trademark, but the aspects mentioned are increasingly important. It is recommended  to file for a trademark as soon as possible. One day you'll surely be thinking of filing for it, so do it today. Registration is likely to earn high returns on investment, while you can be sure that your  idea has a unique identity. With trademark registration, you can get peace of mind that your brand is protected, and nobody is using your name.


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