top of page
  • Writer's pictureAynur Baghirzade

Why you need to protect your Mark?

Updated: Aug 22, 2021

#Trademark protection is one of the high priorities among owners, especially for those whose #property makes the right holder famous or well-known or vice versa when the celebrities produce goods under their own names. When a #trademark is very well-known and famous globally its infringement affects not just companies, but global economy entirely. So, strengthening laws and regulations in all concerned countries is extremely important for marks’ future development.

United States’ economy depends a lot on creativity of its population and on promotion of #IP rights’ protection worldwide. The U.S. Chamber of Commerce estimates that over 18 million Americans are employed by #IP intensive industries. According to a 2007 study, $58 billion was lost to the U.S. economy in total output from #piracy of motion pictures, music and sound recordings, and business and #entertainment software (not even the entire #copyright industry). The necessity to protect #US national interests worldwide, to increase awareness of other countries and to improve their #laws and legal systems regarding protection of #IP rights were the reasons of creation of Global Intellectual Property Center in 2007 as an affiliate of US Chamber of Commerce. According to the study of this Center #IP creates jobs for #America, the #GIPC also found that #IP-intensive industries employ more than 55 million Americans and account for 74% of exports and $5.8 trillion in GDP. #GIPC came to the conclusion that #US cannot thrive without strong protection of intellectual property (#IP) rights, which incentivize new and improved innovation and creation, encourage investment and commercialization, and help advance the spread of knowledge globally.

In societies like #US #IP has a tremendous impact on economy, but this is not the only reason why protection of #IP rights is so important. Besides, money there are lots of other reasons why #IP should be protected. In general, reasons to protect a mark can be divided on private and public.

Private reasons include: 1) loss of money in its direct meaning. Right holders lose millions and millions dollars due to #counterfeiting or dilution their marks by others each year all around the world; 2) loss of reputation, which in the end for sure has a monetary effect as well. #Consumers could stop buying the products of the certain right-holders due to lower quality of the #counterfeits they occasionally buy in the market; 3) loss of the market which may be caused by significantly high volume of #counterfeits’ sales, and as a result primary dealers and sellers may prefer to buy #counterfeits due to their low prices. This especially may happen at the markets where right-holders are not interested in protection of their #IP rights or where they do not initiate legal proceedings against infringers, in these cases market will be full of #counterfeits as it increases the temptation of sellers to buy fakes rather than originals; 4) loss of consumers who may refuse from buying a staff after one or several dissatisfaction with buying a #counterfeit instead of original.

Public reasons include: 1) state budget protection as it loses money when #counterfeits are circulated in the market. #Counterfeits are part of the shadow, invisible market. They are invisible for tax authorities and as a result no penny goes to the state budget from their sale; 2) #consumers' rights protection as every #consumer buying a #counterfeit is deceived regarding its origin and quality; 3) protection of the health and life of the people as #counterfeits are produced not in the best conditions and may have components which may be dangerous or even lethal for consumers; 4) loss of data or threat of stealing information by competitors for business or even for espionage and some other reasons. This especially concerns software programs for computers, databases and etc. #Counterfeited programs may have a lower protection which may allow hackers to enter and steal information. This threat is especially high when the case is about computers and databases of state’s national security agencies. #Counterfeited programs used in this case raise this threat sharply and such database may well become an easy object of the theft; 5) potential security threats such as unopened doors at aircrafts, trains, risk of hijacking by #terrorists and some other risks and 6) development of #criminal clans and organizations as shadow economic which is not observed and regulated by the state may monitor and sponsor its own development and deliver money to other criminal activities such as drug production and sale, financing terrorist organizations and backing up other criminal activity.

In this regard work of the #lawyers is indispensable for effective protection of #trademarks as an consistent part of Intellectual Property. #Trademarks’ protection is one of the priority areas of our law firm and we have experience in working with clients on such issues by representing their rights at relevant state agencies and courts. If your mark is under threat – this is our problem and we will use all our resources, connections and professionalism to help you with the matter.

Law Offices of Aynur Baghirzade

Phone: 619 - 630 - 6646

26 views0 comments


bottom of page