by Christopher Estwick
Business owners expend significant amounts of time, money, and energy building a brand around the source-identifying names, logos, and symbols of their business, products, and services. Frequently, the brand is among the most valuable assets of the business. It is critical that business owners understand how to protect their brand(s) and what options they have for doing so.
The broadest form of protection is a federal trademark registration with the United States Patent & Trademark Office (the “USPTO”). A trademark may take the form of a business name, product name, domain name, a logo, or even a slogan used to advertise the business. A service mark is the same thing as a trademark, except that it’s used in connection with services. To qualify for federal registration, a trademark must be distinctive and may not be confusingly similar to another mark that has been registered with the USPTO. A federal trademark registration memorializes the owner’s right to use the mark across the country and grants the owner a number of rights, including the right to use the “circle R” symbol and the right to prevent someone else from using the same or a similar mark. Federal trademark registration is valid for ten years.
A less expensive solution for business owners who operate exclusively in Nebraska and don’t expect the scope of their business to extend beyond state lines is a Nebraska trademark registration. The criteria for a Nebraska trademark registration are less onerous than the criteria for federal trademark registration. Under Nebraska law, a trademark must not be merely descriptive and may not be confusingly similar to another mark that is registered with the Nebraska Secretary of State. A Nebraska trademark registration memorializes the owner’s right to use the mark within Nebraska and grants the owner a number of rights, including the right to prevent someone else from using the same or a similar mark. A Nebraska trademark registration is valid for ten years.
A business owner may desire to operate her business under a name other than the “legal name” of the business, which is the name the business was formed under. In such a case, the business owner may register a Nebraska trade name. A trade name is a name under which a business operates that is not the legal name of the business. Trade names are referred to as assumed names, fictitious names, and most commonly, a “doing business as” name or d/b/a. To qualify for a Nebraska trade name registration, the trade name must not be merely descriptive and may not be confusingly similar with a trade name that has been registered with the Nebraska Secretary of State. A Nebraska trade name registration allows the owner to operate its business under the trade name and prevent others from using the same or a confusingly similar trade name. A Nebraska trade name registration is valid for a period of ten years.
If you have invested the time, money, and energy into building a name for your business, it is important that you consider registering a trademark to protect your brand.