Creating a Brand for Your Start-Up

by Kaitlin Coons

When you make a decision to begin a new business, building a recognizable name is often one of the first priorities.  Some start-ups may choose to undergo an extensive branding process with a marketing agency in order to start building a name.  The financial burden of this option may lead many start-ups to choose to tackle marketing and branding on their own.   Regardless of which option your company chooses, protecting your branding elements legally can help to ensure that your marketing efforts don’t go to waste.

 Once you choose a logo for your company, a good starting point for protecting your brand is submitting a trademark application to the USPTO.  Trademark applications are governed by a complex set of rules that determine the scope of protection afforded to different types of logos.  An attorney can help you determine whether your logo is a good candidate for trademark registration and how to efficiently submit an application.

            Next, if you are starting a new website for your business that will feature branding elements, creating Terms of Service for that website can help protect your brand.  Carefully drafting the Terms of Service that are displayed on your website can help protect your company from third-parties who may otherwise try to use your website and branding elements without permission.

            If you have questions or concerns regarding how to protect your company’s branding elements, contact a Clements & Shackle attorney to set up a free consultation.  

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