#28 Trademarks - To Apply Or Not To Apply
With the increasingly conversational topic of trademarking among small businesses, many are under the false impression that everything needs to be trademarked right here and right now.
So, how do you decide what actually needs to be trademarked?
In this episode, I share my thoughts, tips, and tricks about the decision-making process when deciding whether to apply or not to apply. I discuss the right to exclusive use, whether or not there is value in trademarking, and the consideration needed when putting in a trademark application.
Trademarking isn't just a quick and easy process. There is much to account for in relation to the value, eligibility, and use for applying a trademark. I share specific examples of who, what, and when it is right for you to start thinking about trademarking.
TOPICS DISCUSSED AND WHERE TO FIND THEM:
[1:54]: Businesses with trademarks over names, taglines or course names have exclusive use and without a trademark, usage from others is allowed.
[2:43]: Registering your business name allows you to use it but does not grant you exclusive use to that name.
[3:52]: Do you need exclusive use is a common question. Often the use of common and generic letters and phrases has no value in being trademarked so make sure that you consider whether it may be needed or not.
[5:45]: If you do wish to go forward, a trademark application is not a straightforward process. careful consideration is needed concerning which and how many classes you wish to apply for.
[6:34]: Having a trademark for something in one class or industry does not stop anyone else from another industry using that name.
[7:11]: Deciding whether or not to trademark something should be discussed and planned ahead of time in the overall strategic goals of the business. This is a lengthy process that can take a while to be finalised.
[8:26]: If there is success with applying for a trademark, it needs to be used. Using it consistently is necessary in order for it to be renewed and be considered valid.