Product marks, being a part of the branding strategy of a company, make the brand distinguishable from the other brands, create awareness about the brand, and ensure intellectual property protection. Hence, it is necessary to give due care & attention to trademarks for the brand of your company.
What is a trademark?
A trademark is a distinctive sign, including a word, phrase, logo, design, or a combination of the three that uniquely identifies and distinguishes a company’s goods and services compared to its competitors. It has great value in the branding process, allowing consumers to recognize the brand of the business or product. Trademarks are legally protected intellectual property declarations that guarantee the owner the sole license to utilize the mark in commercial deals. The company will be able to protect its mark from use by other businesses in a similar manner that may mislead consumers. Trademarks are an essential stepping stone in creating brand awareness, trust, and loyalty in the marketplace.
The power of branding
Branding is not a new notion. Companies have been experimenting with brand identification since they first began marketing their products and services to customers and enterprises. However, the notion of branding remains generally misunderstood. Many business owners still feel that their “brand” is just a mix of the proper color scheme, logo, and website design. However, your company’s visual identity is only one aspect of what distinguishes it.
Branding tells your audience that you share their values and aspirations. It’s what elevates you from simply another faceless corporation to the ultimate solution to your target audience’s pain points and issues.
Establishing a clear branding plan guarantees that you can not only separate yourself from the competition but also constantly interact with consumers in a way that leads to growth.
In this article, I am going to share with you some basic trademark concepts that will assist you in correctly handling and promoting your brand.
1. Choose a distinctive mark that is clearly distinctive
While you try to create a brand trademark, the first thing you should do is opt for either a sign or a word that represents your business. The uniqueness of a trademark is its power to eliminate trademark conflicts with other parties and to ease the registration and protection of trademarks. Moreover, the mark must be easy to memorize by customers to distinguish them.
While choosing a trademark for your business, remember to check if no one else has the same brand name. This will eliminate any legal issues and difficulties.
2. Register your trademark
To accomplish this goal of protecting brands, certain steps ought to be taken among them trademark registration in the relevant patent institutions and intellectual property protection authorities. The procedure of licensing a trademark allows you to use it on specific categories of goods and services and confers greater protection against likely infringements of copyright law at large.
Obtaining a trademark registration in the USA grants you both legal safeguards and the sole privilege to employ the mark about your offered goods or services. This registration also empowers you to hinder any opposing party from using a mark that closely resembles yours, potentially leading to customer misunderstanding.
3. Design your brand carefully
To produce an appropriate trademark one must be careful and must think creatively. It should be visually appealing, easily readable, and aligned with your brand’s image. Do not include intricate designs or color combinations that may confuse the recognition of the mark. In an attempt to sound unique and captivating, you should stay away from generic phrases or neutral words that will not bring into your business distinction. Instead, choose a trademark that is unique, memorable, and reflects the brand of your company.
4. Use the trademark consistently
For building brand recognition and the brand name itself, you must ensure that your trademark is utilized equally in all media or materials. Consistent use of your brand trademark is key to consumers associating your business with your brand, which, in turn, increases their trust. Thus, all the aspects of your marketing and advertising approach need to include your brand name, like packaging, webpages, social media resources, and all other marketing materials. Through this move, brand identity will be reinforced, and your products will come to mind whenever customers think of what you have to offer.
5. Ensure and maintain the rights to your trademark
Keep track of the industry environment on a routine basis to identify which other companies may be infringing on your trademark rights. However, if any defects are identified, take the appropriate procedures to safeguard your copyrights. One of the greatest methods to safeguard your intellectual property is to speak with a qualified lawyer who can assist you in the event of a copyright problem.
6. Extension of your trademark may be an option for you
If you are thinking of expanding your company to other markets to sell your products and services, then you may also want to register your trademark in other countries as well. Global registration will provide you with an opportunity to obtain the protection of your trademark on the international market.
7. Be proactive in your corporate social responsibility
Increase your brand awareness by allocating time and funds to marketing your trademark. Arrange advertising campaigns, take part in industry shows, and collaborate with the influencers – all this will work towards obtaining brand recognition and your trademark positive perception.
8. Keep a record of any important information about your trademarks
If your mark is ever contested, having evidence of use and documents related to the initial use date for each connected good/service will come in handy. “First use” has a legal definition. In terms of products, “first use” refers to the date on which the items carrying the mark are sold or conveyed in commerce. The term “first use” of services refers to the date on which the mark is used or shown in the sale or advertising of services, and the services are performed in commerce.
Bottom line
In the end, if your business must succeed, the strategic management of the product for the brand becomes a core point of consideration. Select a distinctive and easily identifiable trademark, register it, design your logo accordingly, and use it in all commercial activities. Monitor and safeguard your copyrights and think about taking your trademark to other markets. Be the ambassador of your brand to make its value to customers and gain a firm grip in the market. The above steps will help you to ensure your brand is not infringed and also promote it well via proper trademark management.
