Saturday, January 23, 2010

IP Protection For Big Or Small Companies

By Jonathan Powers

We may think that recording intellectual property (IP) ownership rights are somewhat new event it is not. Even the Romans stamped bricks to show their sign of ownership. Trademark law is quite ancient going out back to the year 1266 in England. The old law known as the "bakers marking law" used to show the maker of a loaf of bread. Each baker would have their own registered mark.

Trademark law is now well established worldwide. Almost every single established business now has their own mark that uniquely defines their brand. Most people think that you have to legally register a mark to be able to use it but the opposite is true. You register a mark so that others cannot use it! When you register a trademark you gain the unique right to be the only one to use the mark or to control who can use it.

A trademark is a specific mark that permits customers to distinguish you without seeing your product. It is a unique part of your brand. Tests have shown that you can display just part of a renowned trademark and people know which brand it belongs to. This indicates the power of a good image and how the brain works at remembering such things. This is why it is key to legally protect important marks and words.

You do not need to legally record a mark to own it and stop others using it but like most things in the arena of law - the one who holds the papers first wins! Registration legally specifies the date of ownership beyond any sense of doubt. In some countries common law gives some protective cover but at the end of the day you have more security if you engage trademark lawyers to protect key IP.

These days you can self-register a trademark but there are underlying hazards of doing this of course. Trademark attorneys of course know how to register and how to protect possession if the rights are misused. They know the full story of registration and protection. If you self-register you may get a cheap registration but you may have left a loop-hole for someone to misuse your rights later on.

Registration of trademarks can be done in one or more countries. Currently there is no such thing as a international trademark. You have to register in all the nations where you require protection.

Registration has become easier over the recent years with the existence of systems like the Madrid System of International Registration of Marks through the World Intellectual Property Organization, Geneva, Switzerland but international registration is still a tedious and fairly high-priced process.

Of course the benefits of registering a trademark outweigh the costs and challenges. If you are serious about your business you should be looking into at IP registration today.

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