What is one of your key assets as a small business owner? It's the name that you use to identify your product or service and the goodwill associated with that name. For businesses that have invested time and money to build up a good brand image, trademarks are a way to prevent others from unfairly taking advantage of your reputation. A trademark identifies a product; a servicemark identifies a service. Trademarks and servicemarks should not be confused with your corporate name, which identifies the name of your company.

A mark is adopted by applying the name to the product or its packaging, or advertising the new service. Before you adopt a name it would be a good idea to have a search done to make sure no one else is already using the same or similar name for the same type of goods and services.

Once you adopt and use a trade or servicemark, you automatically develop common law rights where you actually do business. State registration will give you protection throughout the state. If your business operates across state lines, you will need to file for federal registration in the U.S. Patent and Trademark Office.

This is important because a Federal Trademark provides protection in all fifty states against someone using the same or similar name for similar types of goods and services in the US. If you do business on the Internet, you should immediately consider a Federal registration. Remember, however, that this will protect you within the US, but may not stop someone in other countries from stealing your "intellectual property."

Does your business have a mark which, with time and hard work, has gained public recognition and associated goodwill with your goods or services? Have you taken steps to protect it? Better check!

Jeffrey Lee brings a unique background to the firm. In addition to graduating cum laude from Western New England College of Law, he also earned his M.B.A. from the University of Massachusetts. Along with this strong educational background, Mr. Lee brings 15 years of corporate and business experience, making him adept at dealing with any business-related transaction.