
For business owners just getting familiar with trademark law, it is important to understand the trademark basics in Colorado. Trademarks are an important part of fair market competition, as they provide protection for unique and distinguishing elements of an individual’s or company’s business model. In addition, they help build brand recognition and preserve the quality and reputation of a company’s products and services.
Trademarks not only protect the companies that register their marks, but they also protect consumers. Trademarked products and services allow consumers to easily identify differences between brands they know and trust. Trademarked logos, name brands, and products stand out to consumers.
When consumers see these brand-identifying elements, they can make quick, informed decisions based on their knowledge of the brand. They can recall which companies deliver consistent, high-quality goods and services based on their experience with trademarked content.
Likewise, trademarks make it easy for customers to spot counterfeits. Trademarks allow consumers to hold brands accountable, which builds trust. Thus, protected trademarks serve as a representation of a brand’s reputation.
Some common examples of influential trademarks include the logos of Ford and Coca-Cola. These trademarks represent the names of these companies, but the symbolism they relay about the brands tells a story about the products and services these companies offer.
Consistent with previous quarters, there were around 174,151 new business filings for the first three months of 2025 in Colorado. At the end of the first quarter of 2025, there were a total of 973,615 new and existing businesses in good standing in Colorado.
This is great for the Colorado economy, but it also means more competition for existing businesses. It also means a greater likelihood that someone else will trademark or identify the content first.
Unfortunately, businesses can and do steal ideas from other companies and quickly register trademarks to secure the rights to those ideas before others get the chance. They often claim that they thought of the idea at the same time. In most of these trademark cases, it is first-come, first-served at the United States Patent and Trademark Office (USPTO).
To put this into perspective, the USPTO received 767,138 trademark applications during 2024. The number of applications coming in far exceeds the availability and efforts of examiners. Therefore, the sooner you file for trademark rights, the more likely you are to get in line and register rights before your competitors.
The USPTO is currently processing applications five months out, meaning they are now examining applications submitted five months ago. Updated reports from the USPTO suggest a 10.9-month average timeline for trademark registration or application abandonment. This puts the average wait time from application submission to successful finalization at around 15.9 months.
Any business owner with proprietary marks in their logo, slogan, brand name, product packaging, jingle, or any other identifying elements of their brand needs to hire a trademark attorney. With an experienced Colorado trademark lawyer facilitating your application preparation, you can likely secure trademark rights more swiftly and more quickly than you could on your own without legal counsel.
Until you have registered trademark rights, the protection offered by common law rights can only go so far. Federal registration provides much stronger provisions. You don’t own the rights to an idea, even if it was your idea, until you complete trademark registration.
To ensure your intellectual property is protected, hire a trademark attorney to help you apply for trademark rights before it is too late.
Whether you need help with trademark basics in Colorado or have more complex legal matters involving trademark registration, we can provide the experience and resources you need. Together, we can meet your business goals regarding trademarks and other intellectual property protections.
A: To protect a brand name and logo, register them with the USPTO. Once received, trademark rights provide legal protection against other entities using your trademarked intellectual property. Trademark registration must be regularly maintained by the owner to ensure prolonged protection. A Colorado trademark attorney can significantly enhance the trademark application process.
A: Yes, you need to trademark your business’s brand name and logo. This is especially true if you wish to have exclusive rights to any catchphrases, logos, audio, symbols, or other identifying elements associated with your brand. Without these protections, another entity could trademark your business’s distinct marks before you do, in which case, you could no longer use those marks.
A: Yes, a trademark protects a brand’s name. Once registered, a trademark provides exclusive rights to the registered entity to use any words, phrases, symbols, etc. associated with a brand. This includes the brand name and logo, which, in some cases, incorporate the brand name or a representation of it. Thus, some trademarks include the logo, the company name, and the brand in a single symbol or identifying image.
A: The five-year rule for trademarks is described in the Lanham Act. Federal law, 15 U.S.C. §1065, establishes incontestability. After a trademark has been maintained and registered for five years, the owner of the rights can file a request for incontestability. This makes the mark safe from the contest of other claims to the rights of these marks. The law makes challenging trademarks much more difficult after five years of valid USPTO registration.
Four Reasons Legal wants to help you secure the rights to your brand’s marks. Our astute legal team is highly skilled in trademark law. When you connect with us, you work directly with our founding attorney, Steven Zemanick, to address your trademark registration needs. Contact our office to schedule a meeting. We are happy to discuss your case and answer any questions you have.