Protect your business name and logo!
Your business name and your logo are just as important if not more than your product. Our brand is what sets us apart, what allows people to learn about us, what helps people return as customers, and communicates we are as a business/business owner to the public.
You could make the best thing or have the best service, but if you don’t invest in and protect your name and logo, you could be opening the door to issues. Prior to protecting your name and brand with your own trademark applications, you should check to see if you are infringing on someone else’s intellectual property. Just because the Secretary of State allows you to file a state based business in your name, it does not mean that someone else in the state (or in all states and territories) does not have that name federally protected with trademark registrations. Doing a search prior to finalizing the name of your business will help you so that while you are in the height of your business you are not sent a cease and desist letter to stop using your name.
When you are confident you are not infringing on another, you should assess what intellectual property you have and what you can protect. It’s never too early. The trademark office for example allows us to file “intent to use” applications. Even if you can’t yet prove use in commerce (required to get a trademark), an intent to use application will allow you to reserve the trademark and to go through all the same processes. After the 6-8 month examination process, instead of getting the trademark, you would get what is called a “Notice of Allowance.” At this time you have up to 6 months to prove use in commerce. Proving use of commerce means providing examples of things like invoices, packaging, website cart screenshots, etc. that show that you are actually using the word or logo in commerce.
Start early by treating your business name, logo, branding, manuals, processes, etc. as just as important as the product or service. Know that you can protect them and have conversations on options that exist to protect them.