To Trademark or Not — that is the question we all have in business.

I am grappling with the same question and also when and what we can trademark because I have launched a new Shopify store — Kalaharigold.com!

I am importing Marula Oil for skincare from Namibia. This is a very new and exciting venture and very close to my heart. I love supporting women in business, and now I also support Namibian businesswomen.

The primary incentive for considering trademarking is the option to market the oils on Amazon as a brand. As per Katie Capra Geuin, my Amazon specialist, having a trademarked brand opens up many opportunities on Amazon.

Even Etsy now requires trademark registration before allowing businesses to sell on their platform. According to Joey Vitale, this helps prevent disputes among business owners over who owns what and ensures that it’s clear who owns the trademark.

My interview with Joey Vitale, Trademark & Copyright lawyer (Business lawyer), about trademarks and copyrights, especially for eCommerce businesses.

Joey Vitale is an attorney for thriving small businesses. He is one of the top-rated lawyers for creatives in the country. With his law firm, Indie Law, Joey works with creative small business owners to protect their passions and give them the legal foundation they need to thrive.

I have compiled Joey's and my questions and answers in this article.

Here are the questions Joey Vitale answered:

1. Why do you need to trademark your business?

2. When do you need to trademark?

3. What do you trademark?

4. How to choose a name for your business?

5. Do you need to use a copyright or a trademark for ecommerce?

6. Is The name of my book a copyright or a trademark issue?

7. How long does it take to get a trademark?

8. How To Trademark Your Business

1. Why do you need to trademark your business?

Starting a new business can be an exciting and challenging journey. There are many aspects to consider when launching a new business, including choosing a name, designing a logo, and creating a website. One important aspect often overlooked is the need to trademark your business.

A trademark is a symbol, design, word, or phrase that distinguishes one company's goods or services from those of another. It is a valuable asset for any business because it helps protect your brand identity and prevents others from using your name or logo without permission.

Trademarking your business provides several benefits, including:

1. Protection: A trademark protects you legally against others using your name, logo, or slogan without permission. If someone else uses your trademark, you can take legal action to stop them.

2. Brand recognition: A trademark can help your business stand out from competitors and build brand recognition. It also helps to create a positive image and reputation for your business.

3. Business value: A trademark can increase the value of your business, especially if you plan to sell it in the future. It can also make your business more attractive to investors.

4. International protection: A trademark can help protect your brand in other countries if you plan to expand your business globally.

In this article, we'll explore the importance of trademarking your business and provide a step-by-step guide to help you navigate the trademark registration process.

Trademarking is for brand elements in your business.

Your trademark is an integral part of your brand. It protects the identity of your company. You will be protected from competitors or other businesses encroaching on your customer base and business.

During my early days in the eCommerce industry, a client who ran a flag and flagpole company taught me a valuable lesson. One of their competitors registered a domain name that was the plural form of my client's business domain name. To our surprise, this competitor made a whopping $1.5 million by selling the exact same products from the same source, including some of my client's items.

We discovered this situation when I attempted to register all the branded domain names. Needless to say, my client was displeased, but since they didn't have a trademark, there was little they could do to rectify the situation.

2. When do you need to trademark?

 A better question to ask is, what can you afford right now?

What can you put as a line item for a legal budget and then find an attorney who's willing to meet you at your budget level.

You need to decide the following first: What is your business growth aspiration? Are you aiming for a thriving seven or eight-figure business, or is it more of a hobby for you? This will have an impact on our legal approach.

It's essential to consider trademark registration before launching your business. It's not something to put off and deal with later. Failing to register your brand's trademark puts you at great risk of being an accidental infringer.

3. What do you trademark?

Trademarking is for brand elements in your business.

Trademarking is an essential aspect of protecting your business's intellectual property rights. However, the process can be confusing, and there are limitations on what you can and cannot trademark. Understanding these limitations is crucial to avoid wasting time and money on rejected trademark applications.

For eCommerce businesses, trademarks typically involve the name, logo, and slogan of the business. However, product lines can also be trademarked if they have a unique name or branding. This is especially important for businesses that sell multiple product lines and want to protect their brand identity.

One common mistake eCommerce businesses make is attempting to trademark phrases or slogans used as ornamental elements on their products.

This is not possible as the trademark office considers this to be ornamental use. For example, if you have a jewelry line with a fun phrase stamped on each piece, you cannot trademark that phrase alone. The same goes for t-shirts, hats, or any other product that features a phrase as a decorative element.

It's important to note that many eCommerce businesses use Legal Zoom or other online legal services to handle their trademark applications. However, these services may not catch errors or limitations that could result in a rejected application.

Working with a trademark attorney with experience in eCommerce businesses is crucial to ensure that your trademark applications are accurate and effective.

4. How to choose a name for your business?

Choosing the right name for your business is crucial for its success. With over half a million trademark applications filed each year, it's essential to consider trademarks as a critical part of your naming strategy.

Many entrepreneurs make the mistake of stopping after a quick domain search and securing social media handles. However, a comprehensive naming strategy should include trademark research and registration.

Finding the perfect name can be daunting if you're starting a new business or launching a new product line. It's essential to choose a name that sets you apart from your competitors, reflects your brand's values and mission and is legally protected by trademark registration.

For example, let's say you want to create your own line of fashion, and you decide to name your business Veronica Jeans. A quick search shows that there are already many businesses with similar names. However, not everyone has registered the name Veronica Jeans as a trademark.

To protect your brand identity, you should conduct a comprehensive trademark search to ensure that the name you choose is legally available for use and registration. If you find that someone else has already registered the name Veronica Jeans as a trademark, you'll need to choose a different name.

In this example, you might consider adding a unique element to the name, such as Veronica Lee Jeans. However, it's important to conduct a thorough trademark search for this name as well. If you find that someone else has already registered a similar trademark, such as Veronica Beard Jeans, you may not be able to trademark Veronica Lee Jeans.

Trademark registration can be a complicated and time-consuming process, but it's crucial for protecting your brand identity and avoiding potential legal issues down the line. If you're unsure how to proceed, consulting with a trademark attorney can help ensure your chosen name is legally protected.

Here are some tips to help you choose the perfect name for your business:

1. Research - Conduct a thorough search to ensure that the name you choose is not already in use or registered by someone else. You can use online tools to search for existing trademarks and domain names.

2. Uniqueness - Choose a unique name that sets you apart from your competitors. Avoid using generic or descriptive terms that may limit your brand's potential.

3. Branding - Consider how the name fits with your brand's values and mission. Your name should reflect your business's personality and tone.

4. Simplicity - Choose a name that is easy to pronounce, spell, and remember. Avoid complicated or confusing names that may deter potential customers.

5. Legal considerations - Consult with a lawyer to ensure that your chosen name does not infringe on someone else's trademark or intellectual property rights.

5. Do you need to use a copyright or a trademark for ecommerce?

When it comes to protecting your eCommerce business's intellectual property, it's essential to understand the difference between copyrights and trademarks. Many business owners make the mistake of treating them equally, but trademarks are usually more crucial for most eCommerce stores.

That's not to say that copyrights aren't important. Copyrights protect original works of authorship, such as literary, artistic, musical, and other creative works. This includes designs, blog content, videos, and more.

However, trademarks protect the brand identity of your business, including the name, logo, and slogan. Trademarks are crucial for eCommerce businesses because trademark issues are more likely to arise, and they are necessary for establishing your brand identity and protecting it from competitors.

While it's essential to be aware of copyrights and their protection requirements, it's crucial to prioritize trademark registration before delving into the world of copyrights.

Copyright registration can be a more strategic and intense process, and it's essential to identify what you want to protect before filing for copyright.

If you're building a legal to-do list for your eCommerce business, prioritize trademark registration before exploring copyright protection.

Once you've established your brand identity and protected it with trademarks, you can then focus on protecting your creative works with copyrights.

6. Is The name of my book a copyright or a trademark issue?

Neither - you cannot trademark the title of a book.

Many authors wonder whether the name of their book is a copyright or trademark issue. The truth is, it's neither. The title of a book cannot be trademarked, as trademarks protect brands, and the title of a book is not a brand.

However, there are still ways to protect the title of your book. For example, you could turn it into a slogan or use it as the name of a podcast. In these cases, the title could be protected under trademark law as part of your brand identity. It's also important to note that copyrights protect the content of a work, which does not include the title of the work itself.

In conclusion, the name of your book is not a copyright or trademark issue. While you cannot trademark the title of your book, there are still ways to protect it as part of your brand identity, such as using it as a slogan or as the name of a podcast.

7. How long does it take to get a trademark?

8. How To Trademark Your Business

Now that you understand the importance of trademarking your business, let's explore the steps involved in registering a trademark.

Step 1: Choose a unique name and logo for your business

Before you can trademark your business, you need to choose a unique name and logo. You should conduct a thorough search to ensure that your name and logo are not already in use by another company.

Step 2: Conduct a trademark search

Once you have chosen a name and logo, you should conduct a trademark search to ensure that no one else is using a similar name or logo. You can conduct a search on the United States Patent and Trademark Office (USPTO) website to see if there are any registered trademarks that are similar to yours.

Step 3: File a trademark application

If your trademark search reveals that your name and logo are available, you can file a trademark application with the USPTO. The application process can be complex, so it is recommended that you seek the advice of a trademark attorney to guide you through the process.

Step 4: Wait for your trademark to be approved

After you file your trademark application, you will need to wait for it to be approved. This process can take several months or even longer. If your trademark is approved, you will receive a registration certificate from the USPTO.

Step 5: Maintain your trademark

Once your trademark is registered, you must maintain it by renewing it every 10 years. You should also monitor your trademark to ensure no one else uses it without permission.

Conclusion

Trademarking your business is important in protecting your brand identity and preventing others from using your name or logo without permission. It can also help your business stand out from competitors and increase its value. Although the trademark registration process can be complex, securing your business's future is well worth the effort.

Here is how to connect with Joey Vitale:

I built my law firm so that you can afford anything no matter what. You can grab a call with me, or I have a resource, something where I can meet you where you're at because the ultimate goal of working with a lawyer is for you to take action somehow.

Facebook: www.facebook.com/indielawfirm/

LinkedIn: www.linkedin.com/in/joeycvitale

https://indielaw.com/

I appreciate you and the time you took out of your day to read this! You can find more articles like this from me on the top-rated {E-commerce Success} blog and while you’re there, take a look at my Shopify Bootcamp coming up, and my Shopify and E-commerce series of books on Amazon. For news and insights find me on Twitter at @veronicajeans, to see what I do when I’m not working, follow me on Instagram and to discover my E-commerce Success community.

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