The number of businesses that simply choose and adopt some word, phrase, or design as a trademark without a second thought is amazing. Not only do these businesses fail to consider whether their newly adopted trademarks infringe the trademark rights of third parties, the businesses usually also fail to consider whether they should protect their trademarks.
A business - whether a sole proprietorship, partnership, limited liability company, or corporation - should evaluate the protection of any trademark it adopts. There are several reasons to protect a trademark. One of the most important reasons is to prevent some third party from later adopting the identical or highly similar mark. A third party who adopts your mark later in time is known as a junior user. If you allow a junior user to register the mark before you, it is possible that the junior user may cut off your right and ability to use your mark entirely or within certain geographical boundaries. Imagine having to all of a sudden change your trademark because you couldn't be bothered registering it and protecting your rights.
Another reason to register your mark is to put people on notice that you are claiming rights in your trademark and obtain additional damages should you need to sue somebody in court to enforce your trademark rights. The additional remedies provided by a registration can be a powerful tool in enforcing your rights.Once you have made the decision to register your trademark, the next decision becomes where and how do I register my trademark. If you are purely an intrastate business (i.e., you do not sell goods or provide services outside your state), then you will most likely want to file your trademark with your state's trademark office, which is usually the Office of the Secretary of State.
If you are providing your goods or services across state lines (or if you intend to do so), then you almost certainly file your trademark with the United States Patent and Trademark Office ("USPTO"). A registration with the USPTO protects you for the entire United States, so it is a lot more useful than a state registration. And you don't need to be selling goods or services in every state, you just need to do so across state lines (for example, selling goods to one other state or another country would work).
After you have decided whether to register your trademark at the state or federal level, the next step is to file the trademark. The trademark registration process is very complex and there are a lot of pitfalls that can sink someone unfamiliar with trademark law and the registration process. That is why it you should really find and hire a good trademark attorney. While some businesses may not want to spend, or believe they cannot afford, to hire a trademark attorney, filing and registering a trademark is relatively inexpensive - at least compared to other legal services, such as filing a patent application or litigation. Therefore, it really is best to just bite the bullet and hire a professional to protect what may be your business' most important asset, your trademark.
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