When Is the Right Time to Trademark Your Brand?

The best business strategy is to think about trademarks from the very beginning—ideally, when you're choosing your business name and logo and forming your business entity.

What would you like to protect?

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when is the right time to trademark your brand

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Updated on: November 10, 2022
Read time: 3 min

A strong trademark helps you establish a successful brand that stands out from the competition. But many small business owners don't even think about trademark protection until after they've been in business for months, or even years.

This approach can backfire in a big way. While it's true that you can apply for federal trademark protection at any time, there's no guarantee your trademark will be approved for registration, even if you've spent a lot of time and money building your brand.

The best strategy is to think about trademarks from the very beginning—ideally, when you're choosing your business name and logo and forming your business entity.

man drawing logo in notebook

How trademark searches help you establish a strong brand

Your business name can form the core of your brand, and it can also create serious trademark issues.

If you choose a name that's too similar to an existing trademark, you may be unable to register your trademark with the U.S. Patent and Trademark Office (USPTO). The other trademark owner may threaten a lawsuit if you continue to use the name. Then, to resolve these issues, you may have to change your brand name. This means losing your name recognition and potentially spending tens of thousands of dollars on new signs, labels, marketing campaigns, and everything else you'll need to rebrand your business.

The best way to avoid this is to do a trademark search before you commit to a name and spend money marketing it. A comprehensive trademark search will tell you whether there are any “confusingly similar" trademarks that might pose problems.

As the phrase suggests, a “confusingly similar" business name has the potential to confuse customers because it looks or sounds like your name, and it's used on goods or services related to the ones you offer. For example, Delta sinks and Delta faucets are probably confusingly similar because sinks and faucets are related. But Delta faucets and Delta airlines are not.

Deciding whether to register your trademark

You don't have to register your trademark with the USPTO in order to have some trademark protection. Unregistered marks may have “common law" protection in your immediate locality, or you may be able to register with your state for statewide protection.

But neither of these are nearly as strong as a federal trademark, which extends nationwide and paves the way for foreign registrations. A federally registered trademark also allows you to file a trademark infringement lawsuit in federal court and register with U.S. Customs and Border Protection to block imports of infringing goods.

Registering a trademark before you use it

In general, you must use a trademark in your business in order to have trademark rights.

But the USPTO offers a way for businesses to preserve their right to use a trademark in the future. When you file a trademark registration application, you must either apply based on “use in commerce" of your trademark, or “intent to use." When you file on an “intent to use" basis, it means you aren't using your trademark yet, but plan to use it in the near future.

No matter what filing basis you choose, the USPTO will process your application, check for conflicting marks, notify you of issues to be resolved, and hold a public opposition period. If you file on an “intent to use" basis, then, once these hurdles are cleared, you will receive a Notice of Allowance (NOA)—sort of a conditional approval. You will need to begin using your trademark and submit additional paperwork to complete the federal registration process.

Applying early on an “intent to use" basis means you don't risk having another business register a similar trademark while you are busy getting yours off the ground.

If you're already in business and thinking about trademarks for the first time, you can still do a trademark search and apply for the expanded protections of federal trademark registration. But when it comes to protecting your trademarks, the sooner you begin thinking about protection, the better.

What would you like to protect?Start my trademark
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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

83 days ago
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Jose is the best.

Jose was very friendly and knowledgeable. He was able to answer my questions and provide me information of next steps to secure my trademark.

Cheryl Cooper
86 days ago
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The knowledge the agent possessed was…

The knowledge the agent possessed was super beneficial to rectify the situation I was having with my trademark. Very professional!

Craig Schsrfman
102 days ago
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Trademark work is great and effecient

Edit from my previous feedback and why i decided to give them 5stars they deserved: LegalZoom's support team was excellent—they addressed my concerns promptly and delivered a great outcome. I truly appreciate their help and want to give a shout-out for an outstanding customer service experience.

Trademark
101 days ago
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Thanks for being so helpful in the…

Thanks for being so helpful in the assist of getting my Trademark filed. -Patrick

Patrick Thompson
108 days ago
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Kevin was able to help me understand…

Kevin was able to help me understand the process needed for filing a trademark. He was clear in his answers and stayed on the phone to help walk through the onboarding.

Asiyah Lites-Rasheed
126 days ago
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Excellent Serviceed them for a trademark application

Used them for a trademark application. Excellent service. Knowledgeable staff. I would absolutely use them again. Probably save thousands by going through them.

Eric Hertz
153 days ago
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Estee was super helpful!

Estee helped me navigate the tricky trademark process. Highly recommend her!

Greg
153 days ago
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Very good and focused answers

I got a very good and focused answer to my trademark questions. Definitely makes me see LZ as the place to go with my legal questions. A+

Chip Humitz
157 days ago
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Help with trademark

Got exactly what I needed to register my trademark

Luci Bromberg
163 days ago
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I had a consultation with an attorney…

I had a consultation with an attorney through LegalZoom concerning the trademark process. and she was very patient and professional. She answered my questions and helped with the ones I had difficulty asking. I appreciated that

Isiah Jones ,jr.
182 days ago
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Strong support for trademark

The trademard support by Nick Belcastro has been excellent.

John Kirk Boyd
189 days ago
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Excellent service

Excellent service! Extremely knowledgeable and helpful in reviewing all the next steps in the process for filing the trademark with LegalZoom.

Brian Mayer
224 days ago
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Excellent Staff/Services

"LegalZoom made trademark filing for my company a breeze. Their system was incredibly user-friendly, and I was impressed by the professionalism of the staff. My attorney was not only knowledgeable but also took the time to answer all my questions and clearly explain the entire process. I felt confident every step of the way. I will definitely use their services again!"

Hedda
220 days ago
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Register Trademark using LegalZoom

The attorney assign to us did an amazing job by answer all our question in a friendly, timely and professional way. The attorney helps by giving us information to mange our account to register our Trademark.

wiltrey sanders
229 days ago
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Excellent experience with Legal Zoom

I have been looking to get my business trademark for a while now and I finally decided to try out Legal Zoom. I had an excellent experience with customer service ready to assist me through the process. The price is much more affordable than going through law offices. I highly recommend to anyone looking to get a trademark.

TheAlphabetshop
231 days ago
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Legally create your trademark with LegalZoom in 2025 and The Years to Come

The lawyer that assigned to me was not only professional and friendly, but patience beyond measure. All questions answered and additional information given to me as well for future services. This call gave me the reassurance I wanted and needed to continue using LegalZoom for future endeavors, and referring my community/platform to do the same.

Kali Harris
248 days ago
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Trademark Process Made Easy

My LegalZoom Trademark attorney, Asha was extremely professional, friendly and knowledgeable. She answered all my Trademark questions and made this process so easy. I felt like I was in good hands.

Virtually Debbie
255 days ago
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Trademark

Right now I use everything Legal Zoom has to offer and I'm so very happy with everything, especially the Trademark process. They were absolutely the best! Highly recommend!!

NicoleK
Rated4.6out of 5 based on23,946+ reviewson

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