As a brand protection service, we don't only provide protection but we need it too! With almost 3 years in the industry, it was only natural that BranditScan itself took the necessary steps to protect its brand identity. Our journey of protection brought us to Trademark registration, an essential step for any business and we hope the below can benefit fellow entrepreneurs! 


Lets jump into it - What is a trademark?

A trademark often gets mixed up with copyright, but these are two different things! A trademark is kind of like a unique symbol that sets companies apart from other companies. With it, other companies cannot use it and claim to be you or affiliated with you unless you provide authorization. This can come in the form of a special signature or slogan, as well as a logo or symbol. 

Examples of this would be Nike's Swoosh or "Just Do It" slogan, Apple's Apple, and “N” logo for Netflix. These are all registered trademarks and stops other companies from unauthorized use in the market and help people easily recognize and identify the authentic brand. With a trademark, these companies can file cease and desist trademark requests against catfish accounts on social media and more as they are the trademark holder for the logo and brand identity.   

For a trademark to be registered, it has to be officially done so with a relevant trademark office and gives businesses exclusive rights over their brand in connection with the items they provide to the market. For example, just because Apple's logo is an apple, it does not mean they have the rights over all apples as their trademarks are likely filed within goods and services related to technology! 



Understood! Now how do you file a trademark?  

There are a few key steps to successfully file for a trademark! When trademarking BranditScan’s logo, brand and slogan, we had 4 main phases to overcome.  

  1. Research and Planning: Before you even begin your application, you have to understand the market and do your research. You need to answer the questions, “Is what I am filing unique?” and “Does someone already hold the rights to it?”. To do this, you’ll search the United States Patent and Trademark Office (USPTO) database. It’s free and allows you to see what trademarks exist and what might be pending. You’ll also want to do your research online through search engines, social media and other related media forms. If you skip this step, there is a chance you may run into issues getting your trademark approved. 
  2. Filing the Application: Once we were confident in the uniqueness of our brand and logo, we filed the trademark application with legal representation. We have a few recommended legal services here. This involved providing detailed information about our company, the logo design, and the services associated with BranditScan. 
  3. Examination and Response: After filing the application, it underwent a thorough examination by the USPTO. They looked for any potential conflicts or objections.  
  4. What’s an objection? An objection is when a third-party disagrees with your trademark filing. It’s a part of what is called the ‘Opposition Period’. During this time USPTO publishes an official document and allows other parties to oppose your registration for a certain amount of time. If someone does oppose, you can provide arguments for the concerns they have raised. We recommend in the filing to be prepared for challenges and have your documentation ready such as proof of the company creation and proof of first usage. Luckily for us, our brand and logo were unique and there were no objections. 
  5. How long do I need to wait? It can vary depending on many factors like the workload of the trademark office and if there are any objections to your filing. Usually it’s 30 days, but in our case, it took approximately 8 months due to the huge backlog from the COVID pandemic. There’s nothing you can do to expedite the process but be patient.
  6. Registration and Protection: The moment we had been waiting for! Once the opposition period finally passed and there were no issues, our trademark was officially registered. This provided us with exclusive rights to use BranditScan’s brand, logo & slogan in the designated services category. It also granted us legal protection against potential infringements. 


Insights for Entrepreneurs: 

Our experience with trademarking the BranditScan logo and brand taught us valuable insights that can benefit fellow entrepreneurs! 

  • Early Trademark Registration: Don’t wait! Register your trademark as early as possible in your business journey. The longer you wait, the more potential there is in the future for conflicts to register your brand and the possibility for others to infringe on your brand.  
  • Thorough Research: Do research, not only in the trademark office but through search engines and on social media. Your research should prove you have first usage and unique usage of your brand. This helps avoid potential objections or oppositions during the registration process. 
  • Respond Quickly: If any objections or concerns are raised by the trademark office, be prepared to respond quickly and with well-reasoned arguments or necessary documentation.  
  • Expert Guidance: Seek guidance from a trademark attorney or professionals who can streamline the process for you and ensure you navigate it effectively. They can provide valuable insights and help you in overcoming any challenges that may come up. 

Trademarking the BranditScan logo and brand was a very important step in protecting our own intellectual property and establishing a strong brand identity. Hopefully this information can help empower other fellow entrepreneurs to protect their brands effectively and navigate the trademark registration process with confidence! Remember, the time and effort put into securing your brand's trademark is an investment that will pay off in the future.