Trademark away!
You got a new brand name, and it’s so hot, you’re afraid to go public with it. What if someone steals your brand? Well, did you know that you can add the symbol ™ to the brand name you want to use, regardless of whether you have applied for official registration? Turns out trademark rights are based on use—very important notion—, not registration, and your rights start accruing as soon as the trademark is used in connection with a product or service.
In other words, if you have a brand name that is the foundation of your personal empire, or at least one of its corner stones, go ahead and add the symbol ™ right away. This indicates to the public that you are serious about your brand, and that you are claiming and operating it as your own. Remember, first users have superior rights over later users. So, should you eventually move forward with the registration process, it will help you proof that you’ve used your brand in the past.
Protect your personal brand
While an official trademark registration is technically not required, it provides a huge benefit in terms of brand protection, and that’s “peace of mind.” I think of my trademark as my personal brand body guard. A trademark is an official notice to the public that you own your trademark, and that they cannot accrue rights if they start using it later on similar products or services. It’s a way of saying: “Do not trespass. This is my brand territory.” Believe me, no matter how friendly your brand personality may be, brand protection is serious business and shouldn’t be taken lightly. Anybody, who back in the day, secured a web domain or gmail account with their first name will nod their head in agreement.
Get real with your mark
So, you got your brand and want to protect it. I recommend to get a trademark attorney to help you with the filing itself but more importantly with your legal representation. You’re interacting with the federal trademark office and unless you savvy with legal trademark matters, you need someone who will be your trademark champion. Nowadays, it’s not as simple as just filling out the trademark application. You can register a trademark with both the state and federal governments, if you are selling your product in more than one state. To get federal registration, your mark must not be likely to be confused with another’s mark for similar goods and services. Once a trademark is federally registered you can use the ® symbol. Trademark rights last as long as the trademark is in continuous use.