When To Apply for a Trademark

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connie murrayBy LaConya “Connie” Murray

The Small Business Attorney

Over the last couple of weeks, I’ve been asked the same question multiple times, “when is the best time to apply for a trademark?” In response to these questions, discussions with my marketing coach, and real life events, I’ve decided now is the time to address this issue. You’ve read about protecting your brand when you’re low on cash but now you’re ready to take the leap.  So here’s what you should know when deciding the best time to invest in protecting your brand.Waiting

1. Failing To Plan, Is Planning To Fail

 Tani Chambers and I are in total agreement that it is not wise to pour a lot of money into a business without first determining how you will make that money back. It is vital to the success of your business to take the time to actually map out a plan to make sure you have a viable business. If your business isn’t going to make money what’s the point of registering a trademark?  Trademarks protect brand identifiers. Meaning they identify the source of a good or a service. If there is no brand what are you protecting?

You don’t have to wait until you are actually making money (see point number 2) to apply for a trademark. Once you’ve established that you have a viable business, it’s time to start thinking about registering your marks.

Real Life Example: Noir BnB and Noire BnB: two companies, same name, offering the same service. The owners independently came up with the idea to create a website targeted toward people of color that travel, but their response to a growing problem caused confusion amongst consumers, leaving both parties looking to find a solution. After talks of combining their companies failed, one party filed for a trademark for both names. Leaving the other to find another name. READ MORE

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