For instance, the "golden arches" that adorn McDonalds restaurants across the country are trademarked assets of the fast-food giant. By registering their logo with the United States Patent and Trademark Office (USPTO), McDonalds has the right to use the logo exclusively and the ability to prevent people from copying or using the logo for financial gain.

Stories of trademark copying or trademark infringement are common. All those Gucci purses we see being sold for exceptionally low prices on busy urban street corners are perfect examples of trademark infringement. The Gucci logo is associated with a sense of prestige and excellent craftsmanship. People pay much more for Gucci purses even if the purse itself is similar to other products sold elsewhere for much less. It is the Gucci logo itself that is worth hundreds of dollars. Because Gucci has registered their trademark, those selling the counterfeit purses can be arrested and also sued by Gucci.

Once registered with the USPTO, businesses must continue to use the trademark consistently, or they risk losing their legal protection. In rare cases, overuse can dilute a trademark. "Elevator," "Aspirin" and "Shredded Wheat" were once trademarks but they were used so often and protected so poorly that they became synonyms for the product themselves rather than brand names. Registration also grants a trademark owner the ability to sue those using the registrant’s trademark, or one very similar to it, for financial gain.

You would not let a competitor back a truck up to your warehouse, fill it with your goods and drive away. Nor would you let a competitor use your office copier to copy your trade secrets. Many businesses, however, give competitors the opportunity to steal their intellectual property when they fail to register their trademarks.

Registering your business name or logo is simple, quick and effective. More information can be found at the Web site for the United States Patent and Trademark Office, www.uspto.gov, or through books and guides, such as those by Nolo. A licensed attorney can also offer advice and is often essential in more complex situations.

Todd E. Gallinger is an attorney with Gallinger Law, a law firm based in Irvine that provides legal services to businesses, non-profits, and their leaders. He can be reached at (949) 680-5406 or
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