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How a trademark can help a small business

On Behalf of | Oct 16, 2017 | Small Business Law

Starting or growing a small business here in New York is both exciting and complicated. There are many legal steps that generally provide for best results, one of them being creating a brand or trademark to associate with the business.

Establishing and protecting a trademark for an entrepreneur’s business is a proactive and appropriately optimistic step to take that one does not want to forego. There are formal and informal ways to accomplish the establishment and protection of a trademark.

Trademark provides great value

As noted by Entrepreneur.com, trademarks can facilitate value-added aspects to a business, in ways including the following:

  • Putting the business on the map for clients and customers to see
  • Bringing the business’ emotional or good-will message to the world with every view
  • Increasing in value of their own, over time
  • Increasing the job applicant pool due to recognition and good-will

A trademark will not expire if properly maintained and used.

Due diligence to ensure available trademark

Before choosing a trademark to connect to the business, an entrepreneur will likely want to do his or her due diligence in researching to ensure that the mark is available and that its use does not cause an infringement on another’s trademark rights. If it does, the business owner may find that he receives a cease and desist demand from the other trademark user that may result in litigation.

Alternatively, if seeking to register the trademark, the entrepreneur may receive a denial of his application for registration if another business already uses it. The more unique the trademark name and logo are, differing them from other business trademarks, the less likely there will be difficulty protecting it.

Registration or mere usage of mark can establish and protect trademark

As clarified by the University of the State of New York – New York State Education Department, a business owner with a trademark is not under obligation to register it, although at times it may be easier to do so. One can use it sufficiently to garner rights to it.

However, if one chooses, the trademark may receive registered status with the state’s Division of Corporations at the Department of State. It may also become registered with the United States Patent and Trademark Office.

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