When Should I Register My Trademark? by Kelley Way
Let’s welcome back monthly columnist Kelley Way as she shares with us “When Should I Register My Trademark?” Enjoy!
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I’m often asked the question: When should I register my trademark?
Timing your trademark registration is always tricky. On the one hand, you want to get as much protection for your brand as possible as quickly as possible.
On the other hand, trademark registration is expensive, and funds are very tight when you’re just getting started.
I favor taking a balanced approach.
When you’re just getting started, the risk of people deliberately stealing your trademark is low, and your biggest priority is getting people to buy your product.
For that reason, I usually advocate waiting until you have some market recognition and some cash in the bank.
Once those two things happen, you’re in a better position to pursue trademark registration.
Possible Complications
But are there circumstances that would cause you to push up your timeline?
There are typically two reasons to register as soon as possible (that I’ve encountered; I’m sure there are other reasons that haven’t crossed my desk yet).
First, you may have a reason to be particularly worried about infringers.
If you think someone else is going to try to use your mark in the near future, you want to register as soon as possible.
The first person to register the mark almost always wins.
A side note: the more unique your trademark is, the less likely someone else will accidentally infringe.
Walnut Creek Law Office is about as generic as it gets, and five different attorneys could use it without realizing they’re not the first ones to think of it.
The Supercalifragilistic Law Office is a lot more interesting, and it’s less likely someone else will come up with it. In addition, unique trademarks get a lot more protection under trademark law.
Second, you may be looking for investors who will invest in your company. Registered trademarks look good to investors and may increase your chances of catching their interest.
(Word to the wise, registered patents and copyrights will also increase your chances.)
If you want investors to invest in your company, then registering your trademark early is a smart idea.
So, if one of the reasons above applies to you, you should probably start thinking about registering your trademark in the near future.
Otherwise, you can plan to revisit the topic when your business is a bit bigger.
If you would like to register your trademark now or discuss whether this is the right time for you, you’re welcome to reach out to me at kaway@kawaylaw.com.
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ABOUT THE AUTHOR
Kelley Way was born and raised in Walnut Creek, California. She graduated from UC Davis with a B.A. in English, followed by a Juris Doctorate. Kelley is a member of the California Bar, and an aspiring writer of young adult fantasy novels. More information at kawaylaw.com.
