How To Trademark A Name And Logo For Your Small Business

How do you trademark your brand name and logo for your small business? I'm Andrei Mincov, the founder of Trademark Factory, and in this video I'm going to share with you a few things you should know about trademarking the brand for your small business.

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TRANSCRIPT

I'll briefly cover why, what, when, where, and how you should trademark. Let's start with why. I'm known for saying that there's no reason in the world to spend a minute of your life or a dollar out of your pocket building a brand you don't own. The only way to own and protect your brand is to trademark it. Nothing else works. That's why trademarks were invented. If there was another way to protect your brand that would not have been a need for trademarks. Incorporations don't work. Copyright doesn't work. TM symbols don't work. Being first doesn't work. You got to pro actively secure what can become your most valuable asset and you do it through trademarking.

Okay. Moving on to what. You can trademark many things, but there are five brand elements that are most commonly trademarked. Here they are: company name or your personal name if you are your business; names of your physical products; names of your services; logos; and your taglines, slogans, catchphrases, or whatever you call them. Names are more important than logos and taglines. So if you're pressed for budget, start with a name or maybe your logo that prominently shows the name. If you have an unlimited budget, trademark everything.

All right. One of the questions I hear all the time is, when is the right time to trademark your brand? Well, it's often too late. But never too early to trademark your brand. Most successful companies have trademarked their brands either before launch or shortly after. It's not about how much money your business is making today. It's not about how many people know about you, your products, your services, and your brand. It's not about whether you feel you're ready. It's about answering two very simple questions. Are you running a business or do you have a time consuming hobby? And is there a chance that if your business becomes successful, your brand will have some value three years from now? If you have a hobby and not a real business, you don't need to trademark your brand. Not now. Not ever. But if you have a business and you think that there's a chance that it might become successful, you should protect the brand yesterday. You want to be the first person in the world to have realized the potential value of your brand, and you want to be the first person in the world who will take steps to secure ownership of that brand. It may sound like I'm over simplifying, but I'm really not. It's really that simple. It's not about some external metrics. It's not about your revenues, it's about one thing and one thing only. Do you believe in yourself? Do you believe in your ability to build something that matters? Do you believe your brand is not worthless? If yes, you trademark it. If you don't believe that, then trademarking is probably not for you.

Moving on to where. The rule of thumb is, you first trademark your brand in your home country, and then in those countries where you think you have the biggest markets for your products and services. Expanding your brand to many, many countries is usually outside of most small businesses budget. So you may have to pick your battles. But like I said, start with your home country and then pick another one, two, three main markets and build your brand there. And as you're finding your success, you will then expand your reach to other jurisdictions.

And finally, here's how to trademark your brand. In theory, you can go online and file the application yourself. Don't! Yeah, you might get lucky and everything would go through without a hitch. Well, the odds are seriously against you. Just don't. You can use a law firm that specializes in intellectual property or your local attorney, and they'll probably get it done right. Eventually. Problem is, in 68% of the cases, the trademark's office will reject your application in a letter they call an office action and responding to these office actions can easily take 12-20 sometimes more than 30 hours, and multiply that by $400 an hour, which is the average hourly fee trademark attorneys charge. And you'll see that this can quickly go out of hand. Now you see a law firms don't make money filing your trademarks. They make money fixing the applications they filed for you, and you can also use legal zoom or one of those cheap trademarking websites that will file your trademark for next to nothing. Now they have software to make it easier for you to file your trademark application, and they're great at making the filing process easy, but that's pretty much all they do. If you get an office action, you will either be on your own, which again is not a good idea, or you can get an attorney to deal with it, which will probably cost you your fortune. That's how your $69 applications become $6,900 horror stories. Or you can use Trademark Factory to get your brand trademarked, risk-free from start to finish for a single all inclusive flat fee with a 100% money back guarantee.

If you're serious about your brand and your business. And you want to know exactly how much the whole thing is going to cost. If you don't want to pay lawyers by the hour, if you want to know if your brand is even trademarkable, if it even has a chance of going through before your applications gets filed, if you want to have a 100% money back guarantee that your brand will be approved by the trademark's office. If you don't want to be treated like an ATM. If you want your trademarking company to genuinely care about your ultimate success, then go to trademarkfactory.com and book your free call with our strategy advisors. We might be able to help. And subscribe to this channel. I want to stay in touch with you. Click that bell button, and until then I will see you in the next video.


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Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.

See our answers to other frequently asked questions about trademarks or leave your comments below!


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