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Should a Small Business Trademark or Copyright Their Business?

*The information below is not legal advice. 

As a small business owner, you might have come across the idea of trademarking or copyrighting parts of your business. Maybe you heard that it will protect your brand or increase the value of your business. Well, both are true!

Let’s dig into what trademarks and copyrights can do for your business.

Trademarks versus Copyrights

A trademark is a word, phrase, or logo that identifies a source of products or services. It helps customers distinguish your products or services from other businesses.

Copyrights protect creative works like videos, designs, infographics, writings, music, photographs, video games, paintings, and music performances. Having a copyright for a creative work tells the world that you own that work. 

See: 50 Things That Can Be Copyrighted

What Parts of Your Business Need Protecting

Customers recognize brands through two things: a name and a logo. Trademarking these two aspects of your business prevents other businesses from using your name or logo. This protects your brand, its identity, and your products so that others cannot profit from using your name. This also protects your customers from getting redirected to or buying from a random, unauthorized seller. 

Perhaps you’ve created unique graphics or images for your small business and want to share them with your customers or the public, but you don’t want anyone to steal them. To protect these works, you can register for a copyright and, in some cases, another trademark. Keep in mind that having a copyright for something does not automatically mean you have a trademark, nor does it work the other way around. 

See: Should I Trademark Or Copyright My Logo?

Increased Value to Your Business

A trademark or copyright can become a business asset. Yes, one that has monetary value. As a small business owner, you might be interested in giving others permission to use your trademark or copyrighted work. This is usually done to promote your business and create profitable partnerships. Businesses might pay you for permission to use your logo or name. It’s also useful during negotiations and in the event that you ever decide to sell your company. Trademarks and copyrights truly create more value for your business.

How to Get Protected

To get a copyright, you can apply to the U.S. Copyright Office and complete the straightforward application process. It’s online and you can follow the instructions provided. 

Getting a trademark involves yet another application process. It’s longer, but it’s usually uncomplicated. As a small business owner, it’s totally doable. The U.S. Patent and Trademark Office provides instructions during their application process. However, you can also check out Legalpreneur’s Trademark Course for more detailed guidance and learn strategies to make the process easier and faster. 

Sometimes the process becomes complicated if you receive an opposition, if similar trademarks exist, if the U.S. Patent and Trademark Office rejects your application, or if you simply do not have time. If you encounter problems during the application process, we highly recommend working with a trademark attorney, such as Andrea Sager, to overcome the issues.

*The information in this article is not legal advice*

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