I’m a Trademark Attorney based in Westminster, California. I work with small business owners, entrepreneurs, and creatives just like you to help protect their brands. Today, I want to share something really important: how to legally use and protect your trademark.
If you’ve ever come up with a cool business name, logo, or slogan, you’ve already taken the first step toward building a strong brand. But there’s more to it than just coming up with a great idea. You need to make sure no one else can steal it or use it without your permission. That’s where trademarks come in!
What Is a Trademark?
Let’s start with the basics. A trademark is something that shows people your product or service comes from you and not someone else. It can be a:
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Business name (like “Starbucks”)
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Logo (like the Nike swoosh)
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Slogan (like “Just Do It”)
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Even a sound or a color (think of the MGM lion’s roar or Tiffany Blue!)
Trademarks help your customers recognize your business. When people see your logo or name, they know what to expect. That’s why protecting your trademark is so important.
Step 1: Make Sure No One Else Is Using It
Before you start using a trademark, you need to check if someone else is already using the same or similar one. This is called a trademark search.
You can do a basic search online by checking:
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Google
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Social media
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The U.S. Patent and Trademark Office (USPTO) website
But be careful—just because something doesn’t show up on Google doesn’t mean it’s available. A full search by a trademark attorney (like me!) is much more detailed and can save you a lot of trouble later on.
If someone else is already using a similar name or logo, you might need to pick a new one. It’s better to find out now than to get a cease-and-desist letter later.
Step 2: Use It in Your Business
Once you know your trademark is safe to use, start using it in your business. That means putting it on your website, products, social media, packaging, and more.
You might notice some businesses use the little ™ symbol next to their name or logo. That means they’re using the trademark, even if it’s not registered yet. You can use ™ too!
But remember—just using a trademark gives you some rights, but not the strongest ones. For full protection, you need to register it.
Step 3: Register Your Trademark
This is where the real protection comes in. Registering your trademark with the USPTO gives you nationwide rights. It tells everyone that you legally own it.
Here’s what registration does for you:
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You can stop others from using your trademark
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You can sue people in federal court if they copy it
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You can use the ® symbol (only registered trademarks can use this)
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You can grow your brand safely
The process involves filling out forms, paying a fee, and sometimes answering questions from the USPTO. It usually takes several months. That’s why it helps to work with a trademark attorney who knows how to do it right the first time.
Step 4: Watch Out for Copycats
After you register your trademark, your job isn’t done. You have to watch to make sure no one else is trying to use it.
Sometimes people don’t mean to copy you. Other times, they do it on purpose. Either way, it’s your job to stop it. If you don’t, you could lose your trademark rights over time.
You can set up alerts or hire someone (like a trademark attorney) to monitor for you. If someone uses your trademark without permission, we can send a cease-and-desist letter or even take legal action.
Step 5: Keep It Active
Once you have your registered trademark, you need to keep it active. That means:
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Continue using it in your business
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Renew your registration on time (usually between the 5th and 6th year, then again every 10 years)
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Update the USPTO if anything changes (like your business name or address)
If you stop using your trademark, or forget to renew it, you could lose your rights. That’s a big deal, especially if your brand is growing.
Some Tips to Keep in Mind
Here are a few extra tips that I always share with my clients:
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Be unique. The more original your trademark is, the easier it is to protect. “Apple” for computers is a strong trademark. “Computer Store” is not.
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Avoid confusion. Don’t pick a name that’s too close to someone else’s. Even if it’s spelled differently, if people might get confused, it could be a problem.
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Protect it early. Don’t wait until your business is big to register your trademark. The sooner you do it, the safer your brand will be.
Final Thoughts
Your brand is one of the most valuable parts of your business. Whether you’re just starting out or have been in business for years, protecting your trademark is something you can’t ignore.
As a Trademark Attorney here in Westminster, CA, I’ve seen what happens when people don’t protect their trademarks. It can lead to lost money, legal headaches, and having to change your whole brand. But I’ve also seen how much easier things are when you do it right from the beginning.
If you ever have questions or need help, feel free to reach out. I love helping small businesses protect what they’ve built.