Should You Trademark Your Brand?
Let’s talk trademarking because this is a topic that gets brushed under the carpet a lot by entrepreneurs… up until they decide to rebrand and suddenly want to protect it. In my latest podcast episode, I had the pleasure of interviewing Lorraine Galvis, a trademark and small business attorney from Galvis and Co. Spoiler alert: she dropped some serious knowledge! Let’s break it down.
Listen to the episode here:
Why Should You Care About Trademarks?
So, let’s get real. When most of us start our businesses, we’re focusing on making that dollar as quickly as possible. Who has time for legal mumbo jumbo, right? But here’s the thing—you can’t afford NOT to care. Lorraine shared some eye-opening reasons why a trademark is more than just a fancy certificate.
1. Establishing Legitimacy
First and foremost, registering a trademark can add an air of professionalism and legitimacy to your business. It tells the world that your brand means business and you’re in it for the long haul.
2. Protecting Your Brand
Imagine investing your heart and soul into building your brand, only to have someone swoop in and copy it. Nightmare fuel, right? A trademark gives you legal footing to fend off these copycats.
3. Asset Building
Your trademark isn’t just a protective shield; it’s an asset. It adds value to your business, and in many cases, can make it more appealing to investors or buyers.
The Top Legal Must-Dos for Small Businesses
Lorraine had some great advice on what every small business needs right out of the gate. Here’s what she suggested for solopreneurs who are looking to protect themselves:
1. Forming an Entity
Whether it’s an LLC, corporation, or something else, this should be step numero uno. It separates your personal assets from your business liabilities.
2. Finding a Good Attorney
DIY legal work? No thanks! You wouldn’t fix your own root canal, would you? Bring in a pro to help you navigate the legal landscape.
3. Conducting a Comprehensive Search
Before firing up a trademark application, do a professional search to make sure your name and logo are truly unique. Trust Lorraine on this one—you don’t want to be tangled up in legal disputes down the road.
Copyright vs. Trademark - Know the Difference!
Let’s not get confused between copyright and trademark. They’re not the same! Lorraine broke it down pretty easily:
- Copyright: Protects creative works like photographs, articles, and web designs.
- Trademark: Protects brand identifiers like logos, names, and slogans.
Now that you’re clear on that, let’s move on.
Practical Steps for Brand Protection
Here’s some real talk from Lorraine that I found super useful. Even if you’re a one-person show, taking these practical steps can seriously up your protection game.
1. Organize Your Content
Whether it's photos, videos, or blog posts, keep them organized and secure. Use platforms that allow you to control how your content is shared or reused.
2. Use Non-Disclosure Agreements (NDAs)
If you're hiring freelancers or partnering with vendors, NDAs are your best pals. They help ensure that your business secrets stay, well, secret!
3. Be Mindful on Social Media
When posting on platforms like YouTube or Instagram, be aware of how your content can be used. Opt-out of remixing features if you don’t want others reusing your stuff without your permission.
Terms and Conditions – Don’t Skimp!
Another gem from our chat was the importance of robust terms and conditions. Yes, there are plenty of templates floating around the interwebs, but Lorraine's advice? Leave it to the pros.
“You get what you pay for," she said. Having a tailored agreement made by someone who actually knows you and your business can save you a ton of headaches in the future. If you’re serious about your brand (and I know you are!), investing in a good lawyer is non-negotiable.
Registering a trademark might feel like an unnecessary hassle, but it’s actually an essential step in building a robust and protected brand. Huge thanks to Lorraine Galvis for sharing her expertise and making this information accessible to all of us ambitious solopreneurs.
Ready to take the plunge and secure your brand? Lorraine's got you covered. Visit Galvis and Company’s website or give her office a call. Let’s build those impenetrable brands, one trademark at a time!
Book your Free Mini Brand Session here if you need an expert eye on your personal brand: https://bossdiplomat.com/mini-brand-session/
