This question isn’t specific to home office warriors, but it’s one that many small business owners must face.

A trademark protects your business identity in the marketplace.  If you’re concerned about someone ripping off your business identity, you might want to think about seeking trademark protection.

The classic examples of trademarks are famous brands like Kodak, Xerox, McDonald’s, and Nike.  Those companies all protected their identities by registering their names and logos as trademarks.  In addition, they regularly add to this protection by registering trademarks for marketing slogans and specific product brand names as well.

This means that I can’t sell hamburgers and call my restaurant “McDonald’s.”  A trademark registration provides powerful protection for the brand owner.

Where does this leave home office businesses?

Most of us don’t need to pursue trademark registrations.  But if you’re putting lots of time and money into developing a brand, you need to think about pursuing a trademark registration.  Why build a valuable brand if someone else can easily steal it?

Before I end there, you should understand that there are two levels of trademark protection.  Simply creating a brand and using it in commerce creates a trademark.  You can (and should) use the “TM” next to your brand and slogan.  These are your creations that identify the source of your goods and services.

But a trademark really gets teeth when it is registered as a federal trademark.  Successful registration gives the trademark owner powerful rights and protections to fight abuses of the mark.

Finally, if you’re considering trademark registration, be sure to talk with a trademark attorney.  There are online services that will fill out the application for you, but it’s no substitute for an attorney’s help.  Registering a trademark is not a simple fill-in-the-blank process.  Consult a professional.

This is a bi-weekly feature at Home Office Warrior. Now is your chance to send questions to an experienced attorney. Submit your questions to Andrew at andrew@homeofficewarrior.com or leave your comments here.

Disclaimer: Andrew Flusche is a licensed Virginia attorney, but these posts do not constitute legal advice, nor do they create an attorney client relationship. For legal advice, consult an attorney licensed in your jurisdiction.