Your business name and logo are more than just identifiers; they represent your brand’s identity and are critical to your company’s success. Protecting these elements is essential to ensure that your business stands out and is not confused with others. This guide will explain how you can legally protect your business name and logo in Tennessee and at the federal level, ensuring that your brand remains uniquely yours.

Understanding the Basics

Before diving into the legal protections available, it’s important to understand what we mean by business names and logos.

  • Business Name: This is the name under which you conduct your business. It’s how customers recognize your company in the marketplace. Your business name might be your company’s official name (as registered with the state), or it could be a “doing business as” (DBA) name.
  • Logo: A logo is a graphic symbol, emblem, or design that identifies your business. It might include your business name, but it also can be an image or design that customers associate with your brand.

Federal Trademark Protection

One of the most effective ways to protect your business name and logo is through trademark registration with the United States Patent and Trademark Office (USPTO). A trademark is a legal designation that gives you exclusive rights to use your business name and logo in connection with the goods and services you provide.

Benefits of Federal Trademark Registration

  • Nationwide Protection: A federal trademark gives you exclusive rights to use your business name and logo throughout the United States, not just in Tennessee.
  • Legal Presumption of Ownership: Once registered, you have the presumption of ownership of the mark, which can simplify legal proceedings if someone else uses your name or logo without permission.
  • Right to Use the ® Symbol: Only federally registered trademarks can use the ® symbol, which can deter others from using your mark.
  • Ability to Sue in Federal Court: If someone infringes on your trademark, you can bring a lawsuit in federal court.
  • Customs Protection: You can record your trademark with U.S. Customs and Border Protection to prevent the importation of infringing goods.

How to Register a Federal Trademark

  1. Conduct a Trademark Search: Before applying, conduct a thorough search to ensure that your business name and logo are not already in use by someone else. The USPTO’s online database is a good place to start.
  2. Prepare Your Application: Your trademark application will require detailed information about your business name and logo, the goods or services they will be associated with, and how you intend to use them in commerce.
  3. File the Application: Submit your application online through the USPTO’s Trademark Electronic Application System (TEAS). The application fee varies depending on the type of application you choose.
  4. Monitor Your Application: The USPTO will review your application, and the process can take several months. You may need to respond to requests for additional information or objections.
  5. Maintain Your Trademark: Once registered, you’ll need to file maintenance documents and fees periodically to keep your trademark active.

Tennessee State Trademark Registration

While federal trademark registration offers the broadest protection, you can also register your business name and logo as a trademark in Tennessee. State registration can be a good option if your business operates only within Tennessee and you are not yet ready for federal registration.

Benefits of Tennessee State Registration

  • Statewide Protection: State registration gives you exclusive rights to use your business name and logo within Tennessee.
  • Lower Cost: State registration is generally less expensive and quicker than federal registration.
  • Public Notice: Registration provides public notice of your ownership, which can deter others from using your name or logo in the state.

How to Register a Tennessee Trademark

  1. Conduct a Search: Similar to federal registration, start with a search of the Tennessee Secretary of State’s database to ensure your name and logo are not already in use.
  2. Prepare Your Application: You’ll need to provide information about your business and the name and logo you want to register.
  3. File the Application: Submit your application to the Tennessee Secretary of State, along with the required filing fee.
  4. Maintain Your Registration: State registrations must be renewed every five years to remain active.

Common Law Protections

Even if you don’t register your business name or logo, you may still have some legal protections under common law. Common law trademark rights arise from the actual use of your name or logo in commerce. These rights are limited to the geographic area where the name or logo is used and can be harder to enforce compared to registered trademarks.

Best Practices for Protecting Your Business Name and Logo

In addition to registering your trademarks, consider the following best practices:

  • Consistent Use: Always use your business name and logo consistently across all platforms, including your website, marketing materials, and products. Consistent use strengthens your trademark rights.
  • Monitor for Infringement: Regularly monitor the marketplace to ensure no one else is using a name or logo similar to yours. The USPTO offers a monitoring service, or you can hire a trademark watch service.
  • Enforce Your Rights: If you discover someone infringing on your trademark, act quickly to enforce your rights. This might involve sending a cease-and-desist letter or filing a lawsuit.
  • Consider International Protection: If you plan to expand your business internationally, consider registering your trademarks in other countries to protect your brand globally.

Conclusion

Protecting your business name and logo is essential to securing your brand’s identity and ensuring that your business stands out in the marketplace. By registering your trademarks at the state and federal levels and following best practices, you can safeguard your brand from infringement and build a strong foundation for your business’s success.

 

We can help protect the business name and logo you’ve spent so long building. Either through registration or monitoring, we can assure no competitors can steal the goodwill you’ve created in your business name and logo.