Trademarks need to be protected just like any other asset, just like patents and copyrights, there are those out there who would use your good trademark to do evil, or at least confuse people in the marketplace into buying a product they think is yours but is really not.

A famous example of this hit worldwide newspapers in 2006. A Chinese firm took intellectual property theft to a whole new level when they effectively cloned an entire company. The target was NEC, a Japanese electronics company. Manufacturers who worked with this fake company believed they were working for the real, legit, Japanese company. This faked enterprise went on for years, until a product was returned to the real NEC. The real NEC puzzled over the item and eventually found out about the Chinese company's clone job. It's unknown how many NEC branded items came from the cloned company.

This is a grievous example of intellectual property theft and trademark infringement. The bad thing is, this could happen to any business, no matter how large or small it is. The best way to safeguard against such blatant theft is to keep an eye on your data. Make sure the technical aspects of your business and your products are safely guarded.

Other than that, you should protect your brand. File your copyrights, patent your inventions, trademark your business name and slogans. Even if you eventually start using a different slogan, keep the old slogans current. Do not let their registration lapse. If you have to use them, use them. Be careful with licensing agreements. Make sure contracts for IP have strict sub-license agreements. If you must license your product to other manufacturers, keep an eye on their solvency. There is a rumor that a certain drink manufacturer obtained the recipe for a sports drink by buying the licensed manufacturer of that drink in another country. Several months later that brand came out with their own version of that drink.

Long story short, you should register your copyrights, patents, and trademarks. Even if you have no immediate plans to branch out into other countries, you should register in other countries as well, for trademarks is as easy as filing one form to receive protection in over 70 countries. For patents and copyrights, there are a lot of countries that you receive protection in for filing.

While you do not have to register, there are benefits, such as maintaining the legal right to bring lawsuits to court to litigate against those who would use a mark similar to yours or to otherwise try to cause confusion in the marketplace by releasing a product or service similar to yours with a mark that is also similar to yours with the intent of confusing buyers, or by otherwise using your patents or copyrighted content. However, this does not always work. Apple Inc, and Apple Corps Ltd., (the record label created by The Beatles) have been in an almost constant legal battle over their names and the fact that both companies use an apple as their corporate logo.

Registration with the USPTO allows you to register for the trademark in foreign countries under the Madrid Protocol. The Madrid Protocol grants you legal protection to register a trademark outside of the United States by using a single, English-language application. There are over 70 countries that participate in the Madrid Protocol. Even if you have no plans to expand into international commerce, you may want to reconsider filing the paperwork to receive international protection.

You may also file your trademark with the US Customs and Border Protection Service to prevent the U.S. from importing foreign goods with your trademark on them (if the use of the trademark is unauthorized). For example, if you're legit, trademarked goods are manufactured and shipped from U.S., then goods shipped from another country with your trademark on them are considered unauthorized pirated versions.

You also have the exclusive right to use your trademark nationwide, or worldwide if you filed an application using the Madrid Protocol form, in connection with goods and services. You can also license trademarks to third parties, just as you can with patents and copyrights.

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