For small business it is vital goal to protect it’s name/brand because your success can also make you a target for others who are looking for a shortcut. The success of business depends on many factors one of them is branding.
Branding is not just a logo. It can refer to just about anything associated with your business, including the name of the business, slogans, logos, color schemes, typeset (think of the Coca-Cola logo), domain name, etc.
The company branding is usually the first thing people associate with business, and because of this, it is one of the most important elements of business. It should be protected from those who wish to use your good name in their own purposes. ( for example to walk away with your customers)
The first thing that should be done for the brand protection is to identify the elements of brand that are unique and to protect them. This include company name, logo or symbol, other distinct elements of your business.
Trademarks. According to the United States Patent and Trademark Office, a trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. The ® indicates a mark that has been registered with the United States Patent and Trademark Office.
A trademark gives you certain legal rights to use and protect your trademark. To file a trademark, you must first make sure no one else has registered the trademark. It could be checked on the government database, the Trademark Electronic Search System (TESS). When the search is done and desired trademark is available, the lawyer should be hired. There is a lot of paperwork. Protecting the brand is worth spending the money to make sure it done right.
The first trademarks used in America were proprietory marks, such as cattle brands. The earliest brands were given as a grant by the king of Spain.
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