How to Trademark a Business Name for Vape Shops
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Smoke shop names and vape names are part of a brand's commercial strategy. The last thing you want is to work hard to create a brand identity and not be able to protect it from others.
Fortunately, there's a way to trademark your brand and prevent third-parties from using it for the wrong purposes. By registering a trademark, you can protect yourself and your business name.
Additionally, ECommerce's trademark has become even more critical because online brands are left more vulnerable to be preyed on.
Table Of Contents
- What is a Registered Trademark?
- Why is Trademark Important?
- What is the Difference Between Copyright and Trademark?
- How to Apply for a Trademark [How to Register a Trademark Business Name]
- How to Copyright a Name and Logo
- Conclusion
What is a Registered Trademark?
Technically, a registered trademark is only a symbol. You guessed it, the small ‘R’ symbol encased inside a circle that you can find at the top right corner of some of your favorite brand names and logos.
The important thing here is what the registered trademark stands for. Here’s one way to look at it.
If you’ve worked your way through some obstacles to get a new vape shop up and running, the last thing you would want is for your brand and logo to look awful. Some brands and logos do look horrible, but if you’ve put time and money into something, chances are you’ll like for it to look pleasant.
A well-structured branding strategy could play a massive role in your vape shop’s success.
Likely, you’ll also invest time in money into your brand and logo.
At which point you’ll file a patent application with the U.S. Patent and Trademark Office. Once this application is approved, if it’s approved, the characteristic ‘R’ symbol will go up on your brand and logo, declaring your company’s ownership over it.
But why do brands go through all this trouble to protect something as simple as a name?
Why is Trademark Important?
A registered trademark gives the owner the sole right to use the trademark, with protection against infringement and use by others.
Trademark infringement means that someone other than the owner uses the same name for commercial purposes or takes a version of the name or logo resembling the original design.
However, this doesn’t explain the importance of the trademark itself.
After you’ve launched your new vape company, its name will slowly begin to be recognized by users. Perhaps even people who are not currently users recognize your brand, and if they ever become consumers of your product, it’s more likely that they pick your brand to start with.
On that note, a recognizable brand is a competitive advantage.
The last thing you want is for competitors to use your brand without your authorization. You are taking advantage of the hard work you’ve put into building your vape shop brand to take customers away from your business.
However, taking your potential customers is not the only way that trademark infringement can hurt your business.
If you have a solid enough vape shop retail brand, you could turn your vape company into a franchise.
Franchises are a business model that allows potential competitors to pay the trademark owner a fee with the legal authorization to use the name. Franchises usually include employee training and a particular set of rules the franchisee must follow to keep the brand identity consistent with other locations.
Franchises are appealing to new business owners because they are usually cheaper than starting a brand from scratch. They also shorten the learning curve for entrepreneurs because the trademark owner should guide new franchisees and help them avoid mistakes.
If someone were to infringe your trademark, then this could potentially hurt a franchise model in the long run.
Trademarking is also essential because, without a trademark, your brand is left vulnerable. A trademark is a way you protect your brand from being used for purposes that could damage your company’s reputation.
You probably want to avoid your brand being used illegally to sell illegal products that lack the proper licenses and permits. It’s not uncommon to find fakes in the vape industry, and if you’ve worked hard to create reliability in your clients, the last thing you want is someone acquiring fakes from a brand that is designed to resemble yours.
What is the Difference Between Copyright and Trademark?
Trademarks apply to commercial names, slogans, and logos. They protect the company’s sole right to use these, with or without commercial purposes.
Copyrights are generally applied to creative and intellectual property. They are protecting the owner from being plagiarized.
Copyrights protect artistic, literary, musical, and other original works. Registering your work for copyright will protect you against anyone who tries to use it as their own.
A copyright’s main difference with a trademark is that if you plan on copyrighting a logo or brand name, it needs to have a certain level of creativity attached to it. This could be expressed in colors, style, and overall design. But the name alone is not enough to help win a copyright infringement lawsuit.
With a copyright, you can stop others from copying your work (logo, brand, etc.), but only with a trademark can you prevent them from using it to benefit them.
Two books could have different titles, but if the story contained in them is the same, there could be potential copyright infringement. Although, copyright infringement may also be present with a plagiarized title if there is some level of creativity attached to it.
While a trademark infringement is limited to the illegal use of the title, key phrases, slogans, media designs, and other brand-related designs are not for personal and commercial purposes.
The copyright symbol encircles ‘C’ that you usually find attached to the brand name or logo. Much like the encircled ‘R’ that symbolizes trademarked items.
The copyright is not limited to a simple ‘C’ icon. You’ll also have proper documentation to back up your copyright claims and prove that the original work is yours if any legal issues come up.
How to Apply for a Trademark [How to Register a Trademark Business Name]
To apply for a trademark of your brand, you’ll have to fill out an application form. You can do this yourself online, depending on the regulating entity of your location.
Doing this process yourself will require you to spend some time researching online, and you’ll run a higher risk of getting your application rejected. In trademark processes, similarities between different brand logos of the same industry are analyzed by the regulating entity.
- The way these processes are done is intricate and challenging to understand. That’s why lawyers have built entire businesses around it—providing services that instruct you or do the whole application process for you.
- If you don’t want to waste your time at the risk of rejection, we suggest hiring a professional from the get-go.
- The process to register your vape shop’s trademark business name will vary depending on your location and even on your business plan. While the process can change the below are a set of standard steps you will likely need to follow:
- Identify what you want to trademark, whether that is your business name or a logo, slogan, etc.
- Do a strategic trademark search in the industry you are planning to work in. This search will help you determine if your name is already in use or if any existing logos look too similar. With this search, you will be able to determine how likely your trademark application will be successful.
- A failed application involves lost time and losing your application fee. Those are the main reasons we suggest hiring a professional who knows how to check if a name is trademarked and can do it for you. Application fees for filing with The United States Patent and Trademark Office (USPTO) range from $225-325.
- Receive your trademark once it is approved and file for a statement of use. You’ll need to keep your registered trademark status updated to keep using it.
How to Copyright a Name and Logo
It can take up to 8 months for your online application for processing in the U.S. However, given that your application is ultimately approved, you can consider your copyright effective when you submit the paperwork.
If you are located in the United States, all you need to do is visit the U.S. Copyright Office Website to start your application process. From there, you can click the ‘register’ button on the initial landing page and follow the instructions prompted by the website.
Going through the online process is relatively simple. The main obstacle is doing the process in a way that will guarantee a successful application.
Conclusion
A registered trademark is a tool that allows you to protect your brand from being used by others for purposes other than what you intend it to be used for. A trademark in eCommerce for your brand name reduces competitors' risk using your brand awareness for their gain and potentially harming the brand identity you've created for consumers.
