Times Not So Tough for Trademarks and Copyrights

By Heather Faucher | Posted on May 20, 2009 | Filed Under Copyrights, Trademarks 


Times are certainly tough for most Americans these days. The rising costs of fuel and basic necessities along with the financial crisis and rampant layoffs sweeping across the nation…well, it’s no wonder companies and individuals alike are tightening their belts. One sector which seems to be holding its own, however, is the Intellectual Property field. Trademarks and copyrights especially appear to be growing as trademark owners continue protecting and enforcing their brands. Trademark litigation seems to be moving forward at a steady clip, and the number of copyrights being filed annually actually exceeds the filing of trademarks.

The trademark industry has expanded over the past several years, thanks in no small part to the onset of electronic filing (e-filing) with the USPTO. During 2008, approximately 268,000 trademarks were e-filed. That number is only expected to grow as trademark owners and potential owners realize the convenience and benefits of filing electronically. Online providers such as Legal Zoom and TradeMark Express can assist those wishing to file trademarks electronically with the process from start to finish, including trademark searches and infringement monitoring.

Copyrights, which are far less expensive to prosecute than trademarks, typically top 550,000 filed each year. While e-filing a trademark application costs $325, copyright applications only cost $35 to e-file. Some of the other benefits to e-filing trademarks include faster processing of applications, the ability to track status online, secure payment via credit or debit card, and the capability to upload certain categories of deposit materials directly into the system as electronic files. Of course, companies need to decide whether they should file for trademarks or copyrights in specific instances, since copyright protection is not always the appropriate avenue to pursue, especially when designs are not overly unique or artistic.

There’s no doubt that the internet has made a tremendous impact on the intellectual property field, and will continue to do so. While this technology makes it easier for honest companies to file and protect their brands, it also benefits those who seek to illegally profit from the hard work of others by counterfeiting marks they do not have rights to or other acts of infringement. This makes it absolutely essential that trademark and copyright owners take the steps to protect their intellectual property. Time and money invested now in proper branding and enforcement will undoubtedly save stress, money, and headaches down the road.

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The opinions and information on this blog are not intended as legal advice. They are for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter. Click here for the full disclaimer.