Connect with us

Business

Trademark basics for small business owners

Published

on

As a small business owner, differentiating your company from your competition is essential. Naturally, your business name, tagline, product names, logo, etc. play a big part in that.

Because they establish your business’s identity, you don’t want another business stealing the specific words and symbols you use to represent your company.

According to SCORE mentor and retired IP Attorney Charles Gumpel, “If your company’s brand image is stolen or closely duplicated, the result (financial and otherwise) could be devastating to your business. For instance, customers might be unable to identify the ‘real’ brand from the impostors, and you would probably never reclaim those customers even if you found a way to stop the impostor. Other adverse effects could also occur, which ultimately might lead to the termination of your business.”

Thankfully, however, trademark rights provide you with some level of protection.

About Trademarks

“Trademark” can refer to both “trademarks” and “service marks.” They’re similar, but not exactly alike.

Trademarks are used to identify and distinguish the provider of goods, whereas service marks identify and distinguish the provider of services.

According to the United States Patent and Trademark Office (USPTO) website*, “A trademark typically protects brand names and logos used on goods and services.”

Using TM or SM informs others you’re claiming the wording or symbol or design. Realize, however, that you may have difficulty bringing legal action against another party if they use something that’s the same or very similar to represent their company’s offerings. For additional protection and benefits, you can register with the USPTO to officially claim your mark. If approved by the USPTO, you can use the official federal registration symbol, “®”. The USPTO clearly states that you may not use that symbol until after the USPTO actually approves and registers the mark—not while your application is pending.

“If you elect not to register your mark with the USPTO, you will forfeit a number of important benefits,” explains Gumpel. “Among them are: greater confidence that your selected mark is protectable; nationwide notice of ownership to help prevent others from claiming the same or confusingly similar mark; accessibility to federal courts to stop impostors and possibly obtain treble damages and attorney fees; the possibility of effectively blocking counterfeit imports; and other similar benefits.”

How To Register For a Trademark or Service mark

Before filing an application to register your mark, you might save yourself time and money by doing an initial search in the USPTO’s TESS (Trademark Electronic Search System) to verify no one else has applied for the same mark.

To learn more about trademarks, visit the USPTO website where you’ll find detailed information and links to helpful resources.

Please note that all shared in this article is for informational purposes only and not intended as legal advice. Consider consulting an attorney specializing in trademark law to discuss the specifics of your business and guide you through the process.

Since 1964, SCORE “Mentors to America’s Small Business” has helped more than 10 million aspiring entrepreneurs and small business owners through mentoring and business workshops. More than 11,000 volunteer business mentors in over 320 chapters serve their communities through entrepreneur education dedicated to the formation, growth and success of small businesses. For more information about starting or operating a small business, call 1-800-634-0245 for the SCORE chapter nearest you. Visit SCORE at www.score.org.

Front Royal, VA
19°
Clear
7:16 am5:36 pm EST
Feels like: 12°F
Wind: 5mph NW
Humidity: 59%
Pressure: 30.22"Hg
UV index: 0
TueWedThu
43°F / 27°F
36°F / 18°F
36°F / 18°F
Interesting Things to Know19 hours ago

Data Centers in Space: Brilliant Innovation or Pie in the Sky?

Health20 hours ago

6 Simple Steps to Keep Your Feet Healthy: Happy Feet = a Healthier You

Local News2 days ago

League of Women Voters Marks 106 Years With Push to Empower Voters in the Valley

Local News2 days ago

VDOT: Warren County Traffic Alert for February 2 – 6, 2026

Agriculture2 days ago

DNA Modification in Oats: A Breakthrough with Widespread Benefits

Interesting Things to Know2 days ago

Star-Studded Birthdays: Which Celebs Share Yours?

Local News2 days ago

Two WCHS Juniors Aim for Virginia DECA State Office

Interesting Things to Know2 days ago

4 Meal Types to Consider for Treating Your Wedding Guests

State News2 days ago

Virginia’s Newest Troopers Include Descendant of WWII Hero Desmond Doss

State News3 days ago

Virginia State Police Ongoing Crime Suppression Operations, Recovering Firearms, Narcotics, and Investigating Human Trafficking

State News3 days ago

Democrats Try to ‘Balance’ Renters’ Rights With Landlords’ Rights in Proposed Housing Bills

State News3 days ago

Virginia Delegate’s Bill Would Limit Where High-Voltage Transmission Lines Can Be Built

Regional News3 days ago

Freedom 250 IndyCar Race to Bring Speed and Spectacle to Nation’s Capital in August

Automotive3 days ago

What to Do and What Not to Do If You’re in a Car Collision

Regional News3 days ago

US Senate Poised to Send House Spending Deal in Race to Avert Partial Shutdown

Obituaries3 days ago

Robert Glenn “Bob” Coverstone (1942 – 2026)

Regional News3 days ago

Trump Launches Great American Recovery Initiative to Address Addiction Crisis

Interesting Things to Know3 days ago

Battery Technology Leading the Renewable Revolution

Community Events3 days ago

Children Activities by Samuels Public Library for the Month of February

Community Events3 days ago

Muley Fanatic Foundation’s 7th Annual Banquet Brings Conservation and Community Together

Obituaries3 days ago

Jane Duble Riddleberger (1946 – 2026)

Obituaries3 days ago

Sean G. “Bubba” Collins (1989 – 2026)

Obituaries4 days ago

William “Bill” Hamilton Rhodes I (1941 – 2026)

report logo
Arrest Logs4 days ago

POLICE: 7 Day FRPD Arrest Report 1/26/2026

Local News4 days ago

Blue Ridge Wildlife Center Patient of the Week: Red-tailed Hawk