When you are at the grocery or watching a movie how do you know the difference between Coke and Pepsi? The bottle's color? The styling of the name on the bottle? I was watching an old (1979-80) English television show called The Sandbaggers where one of the characters only drinks Coca-Cola and I caught sight of an old 8 ounce Coke bottle. At 47, I recognized instantly what it was.

All this things make up a trademark. They identify goods. Service marks are for services. Smaller businesses all too often ignore the importance of their marks. People identify businesses with their marks. Just as I identified that ancient bottle with Coca-Cola.

I do not want to into detail about the procedure for how to trademark with this post. However, do let me note that there must be a logo that is used in the business before thinking of a trade or service mark. For example, I have a business client with a rather interesting logo that they use on their vehicles. Secondly, registration with the federal Patent and Trademark Office gives the user nationwide protection while local use can create create a localized protection. With the client I just mentioned, they will not move forward on registering its mark but the area of its use is one county in Indiana.

With all that in mind, I want to point out The Counterfeit Chic Blog. This blog focuses on the importance of trademarks as they are used in business - particularly, the fashion business. Not the sort of business that flourishes in Central Indiana but the writing is quite good and the blog does show how trademarks can effect any business.

From Wiggin & Dana's Franchise Law Blog:

IHOP tells investors “Oops”

IHOP recently disclosed that it inadvertently allowed certain of its federal trademark and service mark registrations to lapse, which will require it to revise its Uniform Franchise Offering Circular ("UFOC"). IHOP advised investors that it is taking corrective measures with the United States Patent and Trademark Office, that it has also temporarily stopped selling new franchises pending the approval of state regulators to its changes to the UFOC. IHOP predicted that it will fix the problem “very shortly” and that “any issues regarding the validity of its federal trademark and service mark registrations will not have a material impact” on the franchise system. See this article for more details.