The internet has done a great deal of lowering the bar for practically every field. Traditionally, entrepreneurs needed to have a brick and mortar store to sell goods or services. Today, all you need is a website.
As a result, thousands of blogs are coming up every single day, and many bloggers wonder if trademarking their work is a step they want to take. If you are in this group, this post takes an in-depth look at why you should consider trademarking your blog's name and logo.
What Is a Trademark?
Trademarks represent phrases, words, symbols, logos, or a combination of these elements that distinguishes your brand from others.
Also, they are territorial, meaning if you register a trademark in one country, you need to register it in another country if you hope to have your brand's trademarks protected in those countries.
For example, if your blog is based in Canada, and you want to trademark it in Canada and the US, you must register your blog's name and logos in both countries. In most countries, a trademark can last forever as long as the trademark owner renews it every ten years.
When Should You Trademark?
Not all blog names are worth trademarking. But before you rule a blog name worth trademarking or not, you have to consider several factors. If your blog ticks any boxes for the items listed below, you should consider trademarking its name.
The content you feature on your blog is unique and original, and readers cannot find such information elsewhere.
Your blog exists for the sole purpose of communicating messages about your brand or business
Your blog attracts a huge following or regular audiences
There is an increase in the number of blogs that have some level of similarity to yours
Your business has evolved from being a hobby to becoming your main source of income.
If, after considering the factors listed above, you are still unsure about whether to register or not, you should consider talking with a trademark attorney.
Why You Should Trademark Your Blog Name and How to Handle Infringement
If you are not convinced that you may need to trademark your blog, maybe looking at the benefits can give you the nudge you need. Some of the most significant benefits include having legal ownership of the name and logo, meaning it cannot be copied. Also, it gives you the right to take legal action against infringers.
If you have evidence of another person using your trademark name or symbols in their blog, the best step would be to talk to a trademark lawyer. The first course of action your lawyer will take is to send them a seek and desist letter.
If you are new to IP law, you may wonder what a cease and desist letter is in relation to trademarks. It is a legal document sent to an infringer by an IP owner or lawyer demanding that the recipient stops infringing on their IP protections. If the recipient fails to stop their infringement, the IP owner or their legal counsel can then proceed to sue them and get compensation.
How to Apply For a Trademark
If you live in Canada, you will trademark your blog name with the Canadian Intellectual Property Office and the United States Patent and Trademark Office. If you intend to trademark your blog name in the US, you do not have to go in person. You only need to visit their website and file an application.
If your blog name and logo pass the test, you become the legal owner of your blog name and logo. While this process may sound simple, it is not. So, it would be best to get the help of a lawyer to ensure you get it right the first time.