If you own a business, you may want to think about trademarking its name. This article will discuss the benefits of a trademark and which businesses should consider it.
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The Benefits of Trademarking
A lot of business owners wonder if they should trademark the name of their business. The answer isn’t always a simple “yes” or “no.”
In fact, the answer really depends on exactly what your business does and what exactly the name pertains to it.
General Rule of Thumb:
If you’re marketing goods and services to the general public, then you’re going to want a trademark.
The Reason for Trademarking is Simple
The trademark is all about preventing market confusion.
When your business’ name is trademarked, it prevents people from confusing your particular services or products with someone else’s or confusing someone else’s products for your product.
Trademarking helps you protect those names and those symbols that are associated with products or services that are unique to you.
If You Have a Select Clientele
What if your clientele is not the general public? Well, that changes things.
Let’s say your business markets its goods and services to other businesses, and you don’t have a large consumer base. Instead, let’s say you only market to a few bigger companies under a contract. You do not need a trademark under these circumstances.
In the case of having a limited clientele, there’s little or no worry about market confusion. You’re only dealing with three or four other entities.
Another Good Rule of Thumb:
The less room for client confusion, the less need for a trademarked business name.
When a Trademark May Benefit a Business-to-Business Company
Of course, there are some businesses that manufacture products and also have limited retail capacity where they market to the general public.
Here’s an example:
Let’s say you manufacture ski equipment for sale to other select business outlets across the country and around the world. For example, most of your ski equipment is sold to commercial resorts and ski lodges. In that case, a trademark may work to your benefit.
Have Questions About Trademarks?
In conclusion, if you’re thinking about whether you need a trademark, first think about whether you’re marketing to the public at large or a limited clientele.
If you need advice about the legal steps involved with pursuing a trademark give us a call. Robinson & Henry’s litigation and business attorneys can answer your questions. They can help you formalize your trademark when you’re ready.
How to Connect with an Attorney
Call 303-688-0944 to schedule a free initial assessment with an attorney. You can also set up that meeting online when you click here.