Trademarks (and Servicemarks): Online Resources

Should you Trademark?

 

Yes!

1.Have common law rights BUT – only where you are using your brand name/logo

2.Makes unauthorized use actionable in Federal Court

3.Use it to obtain International ®

4.Acts as a Public Notice (searchable on federal copyright website)

5.Your brand name & logo are trademarkable*

6.Your brand name & logo represent a lot of work & rebranding would be difficult

 

No!

1.Don’t currently have the $ to do it! Just use ™

2.™ will protect you against innocent usage.

3.Your brand name is generic*

4.You haven’t put much time into branding and/or could easily rebrand.

 

https://www.uspto.gov/sites/default/files/documents/BasicFacts.pdf

https://www.uspto.gov/trademarks-getting-started/process-overview/trademark-information-network