Trademark Laws Protect Small Businesses
Every ancient civilization, including the Egyptians, Greeks and Chinese put identifying marks on products to let buyers know where to place the credit or blame for their purchases, but it wasn’t until 1266 that England passed a law actually requiring their implementation. The first lawsuit involving infringement was filed in 1618, and since then, over three billion such cases have been tried worldwide.

Trademarks are considered intellectual property, which also includes things like patents, industrial design rights, music and literature. The laws surrounding these issues are all related to unauthorized youth, but unfortunately they are often confusing and complicated for those uneducated in the legal field. Each sector of intellectual property has its own regulations, requirements and application process. It is for this reason that the small business owner seeking intellectual rights protection should consult an expert before attempting to obtain a registration.

The purpose of this mark is to display ownership of a certain service or product, and give credit to the source. It is considered the property of its owners, and in many jurisdictions, the ownership is given to the company that files first, rather than the first to produce the goods or services. It must be regularly used in order to keep the ownership in place, and a professional attorney in the field is the best source of advice in maintaining these rights.

With the inception of the Internet, intellectual property theft has become a global problem. Approximately seven to eight percent of all world trade consists of counterfeit goods, amounting to a loss of over $500 billion. Not only is revenue lost due to IP theft, it also costs the United States at least 750,000 jobs annually.

Unfortunately, many small business owners don’t realize that their trademark must also be protected from national and foreign competitors. Packaging, product lines and even business plans have been copied from websites and registered overseas, without compensation to their originators. The industries most affected by these crimes are software, biotechnology, manufacturing, pharmaceuticals and consumer products.

Unlike other intellectual property sectors, trademarks can last forever, in theory. The U.S. Patent and Trademark Office (USPTO) requires an initial application and subsequent renewals for the business to keep its rights. The USPTO keeps a list of the most effective legal services. This list includes firms and lawyers who have successfully applied for, developed and maintained trademarks for their clients. To a small business owner, these firms and their international networks are an important resource.

Unlike copyright infringement, trademark issues are dealt with exclusively through private lawsuits, unless there are criminal counterfeiting charges involved. The responsibility is then totally on the owner to initiate a lawsuit in federal or state courts. If this is not done, the business could lose its legal protection. Many small businesses lack the manpower to keep an eye on competitors who may be indulging in IP theft, and often aren’t aware of the necessity of filing for protection against them. These legal battles can take years and are incredibly costly. A professional trademark attorney will be able to navigate the legal process and provide expertise to protect the products and services both in the US and internationally.

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