As a security dealer, you know your client’s home or business is only as secure as its weakest point. If you own or manage a security companies that spends an appreciable percentage of total budget (e.g. thousands of dollars each month) on marketing activities in an effort to generate awareness and leads, you may be leaving your business exposed to losing everything. How? Many small- and mid-sized security businesses are ignoring a specific and important task: registering and receiving federal trademark protection for the name of your business.
Operating a security business without a federally registered trademark is the equivalent of leaving the office door wide open, 24/7. Thankfully, filing for trademark protection can help you virtually lock that door.
Do you plan on keeping your business small, focusing on a customer base in a single area; or, do you plan on growing your business across a much larger area by opening multiple offices throughout a region? Regardless of your business growth plans, it is important to work with an attorney to protect the business’s name and reputation through a federal trademark registration.
Obtaining federal registration for a trademarked name means the business will be granted exclusive rights to use that name within the security industry, and can prove that you own the name should any questions arise. Having a federal trademark in place will help ensure your business is ready for the future. If you decide to sell the business down the line, prospective buyers will breathe easier knowing they are buying a brand with a “clear” name.
Investing in a federally registered trademark for your business name is an investment in your brand and your business’s bottom line. If you do not already have a federally registered trademark, work with an attorney and consult the four tips below to protecting the brand you have worked so hard to build:
1. Perform a search and file a trademark application: The first step of the trademark process is to ensure a similar name is not already registered or being used by another company. Work with a trademark attorney to perform a comprehensive trademark search – such an attorney has access to professional-grade search software that enables searches far beyond anything you could perform on Google or via the United States Patent and Trademark Office (USPTO) website.
Then, the trademark attorney should file the application – having them handle this step can help you avoid many common technical errors and other pitfalls that tend to plague first-time trademark filers.
2. Make the time and monetary investment: Set aside the time to get the trademark process started. The entire trademark process typically takes between six and eight months (typically closer to eight), which includes three to four months for the USPTO’s initial review. That time frame does NOT include the time it will take to get the application ready to file, nor does it factor in any time necessary to refile in the case of the application being denied, so be sure to add that into your plans.
In terms of budget, the relatively low cost of trademark registration surprises most of our clients. In most situations, the USPTO charges a $275 filing fee for each class of goods or services in which you to register a trademark. It is worth pointing out, however, that the government keeps the filing fee even if it denies your application, so it is important to submit a solid application the first time – or the filing fees will really add up.
Work with an attorney to get all of your trademark ducks in a row rather than trying to travel this road on your own – you will end up saving time, money and lots of headaches.
3. Make social media registration a priority, even if you aren’t going to use it: Once you have properly searched and registered your trademarks, you should always remember to proactively register your trademark name on top social media channels – Facebook, Twitter, Instagram and Pinterest – regardless of if you plan on being active in those channels. By “reserving” your name, you will have it available should you decide to market or connect with customers via that particular social media channel, and it will prevent other businesses (or even disgruntled individuals) from talking to customers under your trademarked name.
4. Keep an eye out for infringement and take action when needed: The USPTO puts the onus squarely on the trademark holder to ensure that no other businesses are infringing on trademark rights, so you must be vigilant in making sure that no other businesses in the security services industry are using your registered name – or even a name that is confusingly similar. This means, for example, that if your security business owns the federal trademark for “Kentor Security Services” and you see “Kintor Security Service” pop up on Facebook, or “Kentor Monitoring” – it is your obligation to take action.
What action do you take? Do not do anything on your own – get in touch with your attorney, who will give you the proper guidance on what happens next. This is no exaggeration: If you take the wrong step here, you could be opening yourself to legal risks. In many cases, you and your attorney will be able to solve the issue by doing something as simple as filling out a form or sending a letter, but in other situations further action may be necessary.
Josh Gerben is the founder of Gerben Law Firm PLLC (www.gerbenlaw.com) A United States-based trademark law firm. Mr. Gerben is a trademark lawyer who has facilitated securing more than 4,000 trademarks for clients since 2008.
