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Message: <blockquote data-quote="slaughterj" data-source="post: 3994492" data-attributes="member: 5341">As I said, it really depends on each set of circumstances.  There are plenty of small businesses for which the cost is an issue.  There are also plenty of businesses which create a large number of products, and only the most significant warrant the cost and effort of registration.  There are plenty of businesses which change names of products, add and drop products, etc. from time to time, for which registration of name would not be of much value.  So, to the contrary, registration is not a better option in most situations.  Rather, it is simply an option to be weighed for each set of circumstances.Further, look at the voluminous products at major retailers, and you will see many marked with "TM" rather than (R).  They will continue to be so marked years later, indicating that the manufacturers and the retailers (for their own house brands) do not feel registration is warranted, and I'd bet many of them have competent IP lawyers.For yet another example, look at the perfume business.  It is a multi-billion dollar industry, in which product names are very important.  However, many perfumes (and their respective names) have a short life cycle (<a href="http://www.marketwatch.com/news/story/fleeting-perfume-life-cycle-nothing/story.aspx?guid=%7BE477E85B-DB2C-46EA-965A-9CDF7BEC9DD7%7D&dist=&print=true&dist=printTop)" target="_blank">http://www.marketwatch.com/news/story/fleeting-perfume-life-cycle-nothing/story.aspx?guid={E477E85B-DB2C-46EA-965A-9CDF7BEC9DD7}&dist=&print=true&dist=printTop)</a>, which does not warrant the expense and effort of obtaining registered trademarks for many of them, just the ones that are expected to be long-term major products.From cases I have worked on, marks have not been registered and damages have occurred, as well as numerous cases I have researched and read.</blockquote>

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