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The Importance of Trademark in a Small Business Setup
What is Trademark?
Trademarks, Trade mark, ™ or ® are usually identifying the business logo that attached with your business setups to distinguish and make out the origin of their products. Trademark status may also approved to distinctive and unique packaging, color combinations, building designs, product styles, and overall presentations. It is also likely to receive trademark status for identification that is not on its face distinct or unique. However, which has developed a secondary meaning over time that identifies it with the product or seller.
If your business owns a trademark then you have a sole proprietor’s right to use it for any of your product you wants to identify it as yours without much effort. Only the ™ or ® in front of your registered logo design on your product make it distinguishable as your business brand.
Definition of Trademark:
According to the US Patent and Trademark Office, “A trademark is a word, phrase, symbol or design or a combination if words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.” On the other hand a registered trademark is a trademark that has accepted and registered for particular type of products by the US Patent and Trademark Office.
Importance of Trademark in Small Business:
The main purpose of a trademark in a small business is to utterly recognize the commercial source of products and services, such that a trade mark properly serves as a ‘tag of source’. For the effective preventing of the unauthorized use of a trade mark and to enforce legal protection register your trademark by the US Patent and Trademark Office.
Public Policy Objective:
The law of the trademark was planned to accomplish the public policy objective of consumer protection. It was also designed to serve as an incentive for the business owners to constantly provide quality products or services in order to maintain the business reputation.
Common Law Trademark:
If your trademark has not registered, but your business has a reputation and goodwill, you are likely to attain a legal protection of your trademark through the ‘common law’. Although the common law trademarks are excellent and you can take legal action for infringements but the court battle would be lot more easy if you have United States Patent and Trademark Office registration. As the common law trademarks only cover the geographic region where you are providing your services or selling your goods.
Accordingly if you have an internet home based business or having plans to make your small business national or international after being regional then it is good to acquire a registered trademark by the US Patent and Trademark Office.
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