Trademark basics for online brands

A brand name is often an online business's most valuable asset. Protecting it is cheaper early than after a dispute starts.

What a trademark is

A name, logo or slogan that tells customers who a product or service comes from. It is different from a business registration or a domain name, and neither of those gives trademark rights on its own.

Rights from use and rights from registration

In the United States you gain some rights by using a mark in trade, but only in the area where you use it. Federal registration with the Patent and Trademark Office gives a legal presumption of ownership across the country.

Why registration helps online

• Marketplaces such as Amazon reserve their brand protection tools for owners of registered or pending marks
• Domain disputes and social platform complaints are far easier to win
• You can use the ® symbol and record the mark with customs

Search first

Check for similar names in the same line of business before you file or print anything. A conflict found later can force a rebrand.

The process

An application names the mark, the goods or services and the owner. An examiner reviews it and others can oppose it. It commonly takes a year or more. Marks must be kept in use and renewed.

Strong names

Invented or unexpected names get the most protection. Names that describe the product get little.

This article is general information about the law. It is not legal advice and reading it does not make you a client of the firm. Laws change, so speak to a lawyer about your own situation.