Trademark Concerns of Small Businesses

The idea of marking an item for ownership can be traced back in history to the finding of marks on pottery created many thousands of years ago. The economic use of such marks shows up in 500 B.C. during

Today, according to the USPTO, a trademark is defined, as "a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others."

Service marks are the same as trademarks, except they refer to the source of a service and not a product. The term "marks" is typically used to define the proper usage of both.

The benefit of such a mark is that it will legally prevent others from using a similar name or likeness that identifies your product or business. Familiar commercial companies such as Federal Express use trademarks to protect their company name, slogans, logos and other identifiable symbols. This protects a company in the event that someone tries to confuse the public by presenting a very similar name, logo or slogan.

Technically speaking, it is not necessary to register a trademark with the USPTO. By legitimately using the ^® symbol next to your mark, it is possible to establish rights. However, it is beneficial to register the mark with the USPTO for several reasons, which include:

Legal recognition of the USPTO registration symbol ^® by United States courts;

Ability to bring a legal action in a Federal Court;

Listing on the Principal Register, which provides public notice of legal ownership of the mark;

Greater ease in obtaining registration in other countries;

Recognition by U.S. Customs, which can prevent infringement by the importation of foreign goods.