WHY IS TRADEMARK LAW SO IMPORTANT TO YOUR BUSINESS?

Trademark issues affect nearly every business. In fact, almost every business with an internet presence can expect a trademark conflict in the next few years. Why is trademark law suddently so relevant?

Two trends are are at work...

First, trademark conflicts are on the rise because the internet allows existing businesses to expand cheaply and easily beyond local markets.
Almost any business is now capable of selling to consumers directly, both nationally and internationally, via this medium, and this expands the scope of existing trademarks. Owners of existing marks universally apply these marks to a wider geographic area because of the internet. The information transparency brought on by the internet also makes it easier for these trademark owners to find and stamp out infringers.

Second, trademark conflicts are on the rise because of idea dilution.
As our global economy matures, it offers more and more products, services and companies each year, each with unique identifiers (i.e. trademarks) which compete for space in our minds as brands. The explosion of new companies over the past couple of decades has severly diluted the idea marketplace for new trademarks, because most of the good but simple ideas for marks (such as most common words) are already taken. It is becoming increasingly difficult to craft marks that aren't being used somewhere else, or won't implicate trademark law because of the "likelihood of customer confusion".

WHAT DOES THIS MEAN FOR A BUSINESS TRYING TO CREATE INTELLECTUAL PROPERTY?

As a result of these trends, a business must now put a lot more effort into securing intellectual property that will avoid infringement AND offer strong protection in the future. This problem is particularly salient for new businesses and entrepreneurs. What do you do about this?

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