3 Things Every Entrepreneur Should Consider when filing a Trademark.

When we file our trademarks, we are creating assets, & protecting those assets. And we're building things for our future legacy.

Sometimes people don't recognize that's what they're doing. When you're thinking about protecting your brand, here are three (3) things to consider when filing for a trademark.

1. Determine Your Brand and make sure it's specific.

2. Show Proof of Use or Park the Brand to show Proof of Use Later.

3. Understand which Trademark Class your mark belongs in before filing your application.

Determine your brand name and understand the rules of specificity.

When you are creating a new brand, whether it's going to be attached to a product, a service that you're offering, or a sub-brand you want to use in the marketplace, make sure that the brand name is identifiable by other people, that it's repeatable by other people. You want the brand name to stick in the minds of folks inside your industry.

Don't make the mistake of choosing a horrible brand name, that doesn't speak to what it is that

you do. Determine what your brand name would be and don't get married to one brand name.

Think of multiple brand names before you file it and see what fits best with the market you're serving. And the services and or products that you will be selling associated with that brand name.

When you file your mark, you must be specific in regard to the services or products you're providing. For example, if you have a podcast, you want to indicate specifically the industry and subject matter that you cover on the podcast. Additionally, you want to be clear on how people interact with your podcast. Do they download episodes? Do they listen to it on your website? Understanding this will help you determine the particular class that you need to file your mark in.

Here's a tip: when you start thinking about the brand name and the specificity of the brand name, it will behoove you to list out what are all of the things that you do with the name.

Is the Brand name in use and can you show Proof of Use?

When you file an application for trademark protection, you can file your mark in section 1(a) which indicates you have the evidence of using the mark right now; or section 1(b) which simply asks the USPTO office to park your mark so you can show evidence of use later.

Reasons to file your application in section 1(b) could be if you have an idea of a brand name that you believe is a great idea, have the intention of using in the near future, but have not yet put it out into the marketplace. This way, you're able to park the name and beat your competitors to the punch if they ever try to file the same name as you.

Now, as a bonus to fully understand the different (broad) trademark classes, here's a list that you can consult. Note that you should review the USPTO ID Manuel site to determine the specific categories that you'd need for your trademark application.

• TRADEMARK CLASSES FOR GOODS

​Chemicals	Leather Goods
Paints	Non-Metallic Building Materials
Cosmetics and Cleaning Preparations	Furniture & Articles Not Otherwise Classified
Lubricants and Fuels	Housewares and Glass
Pharmaceuticals	Cordage and Fibers
Metal Goods	Yarns and Threads
Machinery	Fabrics
Hand Tools	Clothing
Electrical and Scientific Apparatus	Fancy Goods
Medical Apparatus	Floor Coverings
Environmental Control Apparatus	Toys & Sporting Goods
Vehicles	Meats and Processed Foods
Firearms	Staple Foods
Jewelry	Natural Agricultural Products
Musical Instruments	Light Beverages
Paper goods and Printed Matter	Wines and Spirits
Rubber Goods	Smokers' Articles

• SERVICE MARKS CLASSES (Services)

Advertising and Business	Education & Entertainment
Insurance and Financial	Computer, Scientific, and Legal
Construction & Repair	Hotels and Restaurants
Communication	Medical, Beauty and Agricultural
Transportation and Storage	Personal Services
Material Treatment

If you decide to hire counsel to help you with filing your trademark, (which is the best option), you can do some preliminary searching around what class you believe your trademark could fit in, and discuss that with your attorney. Then you'll have a better understanding of whether a particular class can work for you.

Want to dive deeper into Trademarks? Consider joining January's upcoming Trademark Masterclass. Use code NEWYEAR before Jan. 14 to take advantage of our special offer.