"We'll Worry about the Trademark Later"
If you neglect to secure your trademark, it can become a significant concern later on. It may also consume considerable time and money. If you're fortunate, that could be the extent of it.
Branding projects demand a substantial investment of time and financial resources, and rightfully so. After all, your brand forms the bedrock of your identity, and it must be robust, visually appealing, and effectively connect with your audience.
So, you want to be certain that those aforementioned resources are not for naught.*
Every branding project we undertake commences with a set of questions, two of which are:
Do you have a name?
Have you trademarked it?
We strongly advise our clients to conduct thorough research and initiate the trademark process upfront. This approach prevents us from progressing too far into the branding and design phases only to discover that our clients cannot legally use their chosen name. This proactive step protects our clients' resources and prevents unnecessary setbacks.
If a client realizes another entity is already using "their name" before we begin the branding process, we can collaborate to develop a new name that can be trademarked.
However, if the client skips the trademarking step, proceeds with branding/design, or even launches a finished product, they may face challenges if someone else owns the trademark, particularly within the same market segment.
Consider the overall cost of skipping the trademarking step:
Legal fees for corresponding with the trademarked company can be substantial, likely exceeding the cost of hiring a trademark attorney to conduct a search and file for a trademark initially.
If you must abandon the name, rebranding necessitates resources for a new name, logo, and updating all media using any part of your now-outdated brand.
Printed materials may need to be scrapped.
Packaged goods intended for sale become losses if relabeling is not feasible.
Taking the time to perform a simple search on Google and utilizing the USPTO search can potentially confirm your name's availability. While you can file for a trademark yourself for $250-350, working with a trademark attorney may be easier and wiser. Reputable attorneys specialize in this work without breaking the bank; consult your local SBA office if you're just starting or unsure where to turn.
*Did you catch those homonyms?
