You are ready to open your cross training center, you have a great location, all of the proper equipment and a great set of trainers ready to go, you have even thought of a catchy name for your center. Have you really thought about how much that name means to your business though? Your name is so much more than just what you call your center, it is your brand and will forever be associated with the business that you have built. Let’s fast-forward 5 years, your cross training center is thriving and you are ready to grow but when you start looking at locating in a neighboring community you realize that another Center has the same name as you! How can this happen? Better yet, how can you prevent it?
A great way to protect your brand name or logo is by registering it as a trademark. A distinctive word, phrase, symbol or design qualifies a trademark that you can register with the U.S. Patent and Trademark Office (USPTO). An experienced startup lawyer can help you navigate this process smoothly.
How do I start?
First, there is the trademark search. A thorough search needs to be done to determine whether there is already a business out there with a same or similar name registered.
After you search and conclude that no one is yet using your proposed name in your same category of goods or services, it's time to start thinking about what kind of application you will submit. There is an actual use basis or an intent-to-use basis.
Then, you'll need to choose which class or classes of goods or services your mark falls into. Also, is it a design mark or plain word mark? You'll need to prepare a specimen to submit. Make sure it complies with any file format requirements and properly shows the mark.
Feeling overwhelmed? Don’t worry an experienced business attorney can handle all of this for you and you can do what you do best, running your fitness business. You will have peace of mind knowing that you brand is protected, without worrying about trying to navigate complicated and confusing process!
Contact us to see how we can help trademark the name or logo of your new fitness business.
Sarah E. Holmes is a Philadelphia business attorney and strategist that helps start ups and established businesses looking to expand, protect their assets and increase their profits in an approachable, down-to-earth way. When you're looking for a business lawyer in Philadelphia, the Main Line or New Jersey, we can help.