New startups should protect trademarks from the beginning

| Sep 23, 2015 | Trademark Law

When a new startup is being launched in California, business founders often make mistakes because they are moving too fast. A common mistake that many business founders make is failing to protect their company’s trademarks from the beginning. Though this mistake may not cause problems immediately, it could lead to trademark infringement claims and other litigation as the company becomes more successful.

Business founders should think carefully before settling on a name for their startup. In order to protect a business name by registering a trademark, the name must be something that can legally be trademarked. A name that is generic cannot be trademarked, and a name that is descriptive of the business is difficult to trademark. The easiest business names to trademark are names that are unusual, invented by the business owners and not directly related to what the business sells.

Developing a unique business name and trademarking it should be a priority for every new startup. With a trademark, a business can enjoy more visibility, protect its products from being stolen by the competition and promote brand loyalty. Regardless of what a trademark looks like, it should be easily recognizable by customers. When customers learn to recognize a trademark from a brand they received great service from, they will look for that trademark in order to repeat the positive experience they had.

Because so many business names are already trademarked, startup founders must make sure that the name they choose is still available. An attorney may be able to help business founders to narrow down name choices and apply for trademarks. If a business is involved in any trademark infringement litigation, an attorney may be able to help provide representation in this area as well.