A trademark for the products and services of a small business both distinguishes them from those of other companies and also protects business assets should an infringement occur.
Every small business exists based on the individual identity of its products and services. Each company needs to have its own name and a distinctive logo to separate its product from that of other businesses. A trademark provides proof that the product/service is original, meaning it distinguishes the goods or services from those sold by other companies. It also helps the company stand out amongst its competition. Perhaps most importantly, the logo, word, symbol, phrase, or unique design/image used protects the company’s products from unwanted use by other entities.
This is especially important for small businesses because they usually don’t have the resources and expertise that are readily available to larger corporations. While a large company may have a legal department to handle such issues, a small business is limited in finances and manpower. Registration with the U.S. Patent and Trademark Office, or USPTO, means that the product or service has gone through a process whereby its name, brand, and logo have not been found to infringe on those of any other known products. This process can be a little costly, but it ensures protection once the product is marked and can prevent much larger expenses down the road.
More and more small businesses are driven by intellectual property (IP) assets. These are assets of a creative nature. Businesses that are driven by e-commerce and Web content rely heavily on IP. Unfortunately, it has become commonplace for piracy, counterfeiting, and theft of IP to threaten U.S. businesses, with the cost of such crimes mounting into the billions of dollars per year. This can jeopardize anything from a multinational corporation to a single-person home business. Small businesses may lack familiarity with the process of protecting intellectual property. It is important, therefore, that they seek out resources that provide the correct information on how to protect such assets.
It is also important for small businesses to know that USPTO protection of intellectual property only applies within the U.S. This means that even though they’ve gone through the application and approval process domestically, a company that does business overseas will not be protected abroad. There are other forms of protection that apply, so it is wise for any business to know the facts before making investments.
For a small business, it is imperative that products and services are protected, considering the level of competition. Small businesses are a vital component of the U.S. economy, and new ones are sprouting up all the time seeking to profit on products that may be similar to other well-known brands. According to law, no business can protect something that defines a general class of goods. The name "corn flakes" cannot be protected, since it is a description of a common type of cereal. A registered name must be added to create distinction.
Since competition is always an issue, small businesses need to distinguish their products and services from others. If they are well received, then repeat customers will need something distinctive to look for when they want to buy again. A distinct name or recognizable logo will engrain familiarity that may further drive customers to a reputable product.
Having a trademark does not only make customers recognize a product. It is, in itself, proof of ownership of the product. It also enables jurisdiction by federal courts should an infringement case occur. In addition, registration with the USPTO enables small businesses to seek registration in foreign countries, and registration can be filed with the U.S. Customs Service to prevent infringing foreign goods from being imported. It is valuable to small businesses to have these measures in place so that, despite hard work, limited resources aren’t wasted. The brand will be protected so long as it is being sold and used.
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