#28 Trademarks - To Apply Or Not To Apply

 
 
 

With the increasingly conversational topic of trademarking among small businesses, many are under the false impression that everything needs to be trademarked right here and right now. 

So, how do you decide what actually needs to be trademarked?

In this episode, I share my thoughts, tips, and tricks about the decision-making process when deciding whether to apply or not to apply. I discuss the right to exclusive use, whether or not there is value in trademarking, and the consideration needed when putting in a trademark application.

Trademarking isn't just a quick and easy process. There is much to account for in relation to the value, eligibility, and use for applying a trademark. I share specific examples of who, what, and when it is right for you to start thinking about trademarking.


TOPICS DISCUSSED AND WHERE TO FIND THEM:

[1:54]: Businesses with trademarks over names, taglines or course names have exclusive use and without a trademark, usage from others is allowed.

[2:43]: Registering your business name allows you to use it but does not grant you exclusive use to that name. 

[3:52]: Do you need exclusive use is a common question. Often the use of common and generic letters and phrases has no value in being trademarked so make sure that you consider whether it may be needed or not.

[5:45]: If you do wish to go forward, a trademark application is not a straightforward process. careful consideration is needed concerning which and how many classes you wish to apply for.
[6:34]: Having a trademark for something in one class or industry does not stop anyone else from another industry using that name. 

[7:11]: Deciding whether or not to trademark something should be discussed and planned ahead of time in the overall strategic goals of the business. This is a lengthy process that can take a while to be finalised.

[8:26]: If there is success with applying for a trademark, it needs to be used. Using it consistently is necessary in order for it to be renewed and be considered valid.


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Nicole Macdonald

AUTHOR


Nicole Macdonald – January Made x Creative Process Collective

Hi there! I’m the founder and head architect behind Creative Process Collective, as well as owner and designer over at January Made Design.  You can guarantee I will greet you with an over the top smile and talk your ears off about all things creative, small business and probably pets (everyone loves pets). Serial over-sharer on social media, you’ll be able to find me most days sitting at my trestle table working away with a green tea and surrounded by too many house plants and most likely a cat stretched across my keyboard.

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https://www.januarymade.co.nz
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#29 Mistakes Business Owners Make When Starting Out

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#27 What to do when you're involved in a dispute