Can you do business without a trademark? Yes, of course. There is no law that states you must register for a trademark. However, without a registered trademark, your business’s name, logo and/or slogan may be at risk.
Why Trademark Registration is Important for Small Businesses
We mentioned above that you could be putting your business’s brand at risk if you don’t register trademarks. Generally speaking, common law trademarks only protect you if someone else infringes on your branding, and you must prove with evidence that your branding came first.
If you don’t check first to see if your branding is unique, you may be infringing on another business’s look or slogan. In some cases, this won’t be a big deal. For example, if you have a restaurant named Flop Jacks and a shoe business with the same name exists. If there’s no confusion between the brands and their different classes, both may continue to operate with no issue.
Registering a trademark can protect you from all the potential legal hassle if anyone tries to claim you’re infringing on their designs, or if they try to infringe on your brand property.
Caveat Emptor: Trademark Registration Can Be Expensive
Even the best trademark registration firms don’t always make it entirely clear that some fees are not included in their plans. There’s an assumption that as a business owner, you’ve done your research and you know about USPTO trademark fees.
Here are the basics you need to know about trademark registration fees:
- Electronic filing is more affordable than paper filing
- E-filing costs $250 to $350, per class
- Every type of trademark comes with a separate fee (logo, slogan, name), so if you trademark all three, you’ll pay $750 to $1,050
- Petitions and letters of protest cost $50 to $250
- Renewals cost $300
Why Even the Best Trademark Registration Firms Tend to Not Offer Guarantees
If you read all the reviews of the best trademark registration firms above, then you likely noticed there are few guarantees. Most guarantees are attached to the highest-priced plans because the extra money can act as a retainer should anything go wrong, like a minor or major office action.
The USPTO can reject a trademark registration application for a number of reasons, including insufficient evidence, possible confusion between two businesses or a need for disclaimers. When this happens, there need to be corrections to the application, and then it needs resubmission. This costs time and money.