Are you a new entrepreneur, business owner, Instagram or TikTok influencer, or anyone else aspiring to march to the beat of their own drum, then this article is for you!
Not to be overly negative, but the reality is that, as of 2022, about 90% of new businesses fail. In fact, 20% of new businesses typically fail in the first year, 50% within five years, and 65% within 10 years. And it doesn’t matter what industry you’re in since failure rates seem to be close to the same across all industries.
According to business owners, the two most common reasons for business failure include money running out and ineffective marketing, which often stems from a failure to secure a unique and impressionable trademark. So, it’s extremely important for new business owners to hire the right trademark attorney who can secure and protect their company’s brand. After all, your brand is everything! Just ask Nike. In this article, I will discuss the things of value that a good trademark attorney can do for your new business.
(1) A Good Trademark Attorney Can Help You Identify The Trademarks Your Company Has
The first thing of value that a good trademark attorney can do for your new business is that he or she can help you identify the trademarks your company has. This may seem like a simple task, but it’s actually not. Your company’s name, slogans, and logos can be trademarked, but what about your company’s product names or service names? What about your company’s product packaging or the look and feel of your store. Can you protect these? Yes, you can! There are many different forms of trademark protection, and a good trademark attorney can help you identify what you can protect and add to your trademark portfolio.
A good trademark portfolio can be an extremely valuable asset, both in absolute terms and as a portion of your company’s overall value. And the more public trust increases based on your good business practices and the more your business reputation grows, the more valuable your trademark portfolio will be. For instance, Apple holds the world’s most valuable trademark portfolio which is worth an estimated 355 billion U.S. dollars, or 12% of its overall 3 trillion U.S. dollar market value.
(2) A Good Trademark Attorney Can Search Your Company’s Trademarks Prior To You Adopting Them Or Trying To Seek Registration
The second thing of value that a good trademark attorney can do for your business is that he or she can search your company’s trademarks prior to you adopting them or trying to seek registration. A good trademark attorney can conduct in-depth trademark searches on your trademarks before you spend too much money on marketing them and before you even file trademark applications. After all, you don’t want to waste money on trademark applications that are almost certainly going to be refused. In addition, a good trademark attorney help you can identify a potential conflict so that you don’t end up being sued.
(3) A Good Trademark Attorney Will Correctly Draft Your Trademark Application To Avoid Technical Errors That Could Result In The Refusal Of Your Trademark Application
The third thing of value that a good trademark attorney can do for your business is that he or she will correctly draft your trademark application to avoid technical errors that could result in the refusal of your trademark application. A good trademark attorney will also respond to any office actions or refusals that you may receive along the way. It’s important to remember that not all trademark applications go smoothly, and you may receive a refusal for one reason or another, even if you’ve hired a good trademark attorney.
A trademark application is a legal document and while the questions may sometimes seem innocuous or easy to answer, there’s usually a technical response that’s required in order for the Trademark Office to be able to approve your application. So, if a trademark attorney drafts your application, you’re more likely to see an approval by the Trademark Office than if you draft it yourself.
If you don’t believe me, just ask the University of North Carolina which completed a study several years ago that found trademark attorneys can increase the likelihood of success of a trademark application by over 50%. The reason for this is that a trademark application is a highly complex legal proceeding even though many online companies and articles make it sound easy. Many business owners are lured into the trap that they can “do it themselves” and not have any significant consequences. The data here is overwhelming and clear. Trademark attorneys give business owners a much higher probability of success in obtaining and securing trademark rights then if the attorney is not used.
Your brand is everything, so hire a good trademark attorney to help you protect and secure it! It might just be the difference between your new business succeeding and failing.