Trademarks
Your trademark is often your most valuable asset. It's not just a logo—it's your brand identity, customer trust, and market position wrapped into legal protection. Here's what every founder needs to know.
Key takeaways
- →Search USPTO before finalizing your brand name
- →File trademark applications in key markets early
- →Monitor for infringement and enforce your rights
- →Register domain variants to prevent cybersquatting
Search before you commit
Before finalizing your company or product name, conduct a comprehensive trademark search. Start with the USPTO database (free), but also check state registrations, common law uses, and domain availability. A conflicting mark can force a costly rebrand later—or worse, litigation.
File early, file strategically
Trademark rights in the US come from use, but registration provides crucial advantages: nationwide priority, presumption of validity, and access to federal courts. File your application as soon as you're using the mark in commerce. Consider international filings (Madrid Protocol) if you plan to expand globally.
Choose strong marks
Trademarks exist on a spectrum from weak to strong: generic (unprotectable) → descriptive (weak) → suggestive → arbitrary → fanciful (strongest). 'Computer Store' for a tech shop is weak; 'Apple' for computers is arbitrary and strong. Invest in a distinctive mark.
Protect and enforce consistently
Once registered, actively monitor for infringement. Set up Google Alerts, use trademark watch services, and review new trademark applications in your space. Address infringement promptly—ignoring violations can weaken your rights over time.
Got questions?
Every business is different. Let's discuss how these principles apply to your specific situation.