When it comes to your aviation business, what’s your most important brand asset? Your business name. Think about it: it’s your name that people share when referring you to friends and colleagues and when searching for reviews of you online. But if you don’t hold the federally registered trademark for your business’ name, you’re putting your aviation business’ brand, reputation and bottom line at risk.
Running your aviation business without a trademark in place for your business name is like a pilot who chooses to operate her plane without first doing a safety check; things may turn out just fine, but why intentionally put yourself in jeopardy? Let’s learn a bit more about what aviation businesses need to know about trademarks and tips for approaching the trademark process.
Trademarks Benefit Your Business Today and In the Future
If you’ve applied for and have been granted a federal trademark registration for your business name, you have the presumption of validity of legal rights to that name across the US, so that any court would have a much easier time ruling in your favor should a legal issue arise. But what does this mean in plain English?
Imagine that you own the trademark registration for the airport business FTD AMERICA FBO. This means that if another FBO company (or even a business in a related industry, like airplane maintenance) were to open a business using your exact name or a name that was confusingly similar (e.g. FTD AMERICAN SERVICES) your federal trademark would provide you and your attorney with the potential for legal recourse.
Additionally, assuming that you keep your trademark registration updated, investing in a trademark today offers you protection well into the future. Unlike filing for trademark registration at the state level, receiving federal trademark protection from the United States Patent and Trademark Office (USPTO) means that your name is covered anywhere in the country—if you want to expand operations to an airport in another state using the same business name, you can do so with the knowledge that your federal trademark will work there, too. The moral of the story is that a smart investment at the start will pay huge dividends in terms of time (and potential cost) savings in the future.
Trademark Order: Biz Name First, Then Logo
Some business owners mistakenly think that registering for trademark protection of their logo is a smart idea—in essence, a 2-for-1 deal where they get their logo and business name covered at the same time. However, when you file for trademark protection of a logo, you receive protection on your business name only as it appears within the graphic context of your logo.
Specifically, this means that if your trademark application for your aviation business FTD AMERICA FBO is written with the word “AMERICA” in an alternating red, white and blue 12-point Impact font, your business name is only protected when it appears in that exact graphic format. Should you simply type out your business name, write your business name in red 12-point Impact font, or design a new logo in 3 years, your existing federal registration would not longer be active and enforceable.
For the broadest level of protection, work with your attorney to apply for your company name in one application, then other brand elements in separate applications.
After you Register, Monitor for Potential Infringers
Once you have a federally registered trademark, you are responsible for monitoring the marketplace to ensure that no other business offering similar products/services are using the same or a confusingly similar name. If they are and you don’t catch them, you could actually lose your exclusive rights to your trademark.
Your attorney can help you determine the best way to monitor for potential infringement issues. Work with them to set up your monitoring approach, then follow their guidance to determine what action is necessary to take if you find a business is purposely or inadvertently infringing on your trademark.
Protecting Your Brand and Your Bottom Line with a Trademark
Obtaining a federally-registered trademark for your business’ name is an investment in its future. Don’t make the mistake of filing for the limited trademark protection offered on logos; instead, opt for the broader protection given to business names. And keep your exclusive rights to use your trademark name by monitoring for potential infringement issues. By following these guidelines, you’ll be on your way toward protecting the brand you’ve worked so hard to build.
Founder of U.S. based Gerben Law Firm, PLLC, Josh Gerben is a trademark attorney whose trademark law firm has secured over 4,000 trademarks for clients since 2008; providing business name trademarks to ensure the proper protection. Josh Gerben has been featured in a variety of national news outlets including FOX News, NPR, Huffington Post and The Wall Street Journal.
