Tips from the Trademark Insider: Keep Records of Key Information Concerning Your Trademarks.

Keep records of relevant information relating to your trademarks. If your mark is ever challenged, it will be helpful to have evidence of use and records relating to the first use date for each of the associated goods/services. “First use” has a legal definition.

With respect to goods, “first use” means the date when the goods bearing the mark are actually sold or transported in commerce. “First use” with respect to services means the date the mark is used or displayed in the sale or advertising of services and the services are rendered in commerce.

The Trademark Company

Tips from the Trademark Insider: Keep your trademark portfolio updated.

An increasing number of registrations in the U.S. Patent & Trademark Office (“USPTO”) are being canceled due to inaccurate descriptions of goods/services, inaccurate dates of first use, and other relevant information included in the application, registration and post-registration process. For example, in one recent case the USPTO canceled a registration based on an inaccurate statement of use that included clothing items for men, women and children when, at the time the applicant filed the statement of use, the mark was only being used on women’s clothing and accessories. Although the registrant attempted to eliminate the erroneous goods at a later date, the USPTO still found fraud against the Office stating that a subsequent attempt does not remedy the fraud at the time the statement of use was filed. Therefore, before signing any paper before the USPTO, or having your representative do the same, be certain that all information is accurate and current. In other words, conduct a thorough investigation to ensure the mark is actively being used on each and every good and service listed in the application or registration and that the first use date is accurate.

The Trademark Company

1 Day Referral Contest: Win $100

Whoever refers us the most trademark applications today will win $100. We will notify the winner of the contest today via Facebook and Twitter.

The Trademark Company

Tips from the Trademark Insider: Codify All Licenses in Writing.

Whenever you or your company allows others - such as members, chapters, affiliated entities, or endorsed vendors – to use you or your company’s trademark(s), name, logos, copyrighted works, or other intellectual property, put the terms and conditions of the license in writing. While oral or implied non-exclusive licenses can exist, they can be difficult to interpret, difficult to enforce, limiting in nature, and otherwise problematic for you or your company.

The Trademark Company

Tips from the Insider: Register Your Copyrights.

Register your association's Web site, publications and all other important, original, creative works (that are fixed in any print, electronic, audio-visual, or other tangible medium) with the U.S. Copyright Office. While such registration is not required to obtain and maintain a copyright in a work, it is a prerequisite to filing suit to enforce your rights and confers other valuable benefits. Copyright registration is a very simple and inexpensive process and assist in the overall protection of your intellectual property rights.

The Trademark Company

Tips from the Trademark Insider: Register Your Trademarks.

Register your association's name, logos, slogans, certification marks, and all other important marks with the U.S. Patent & Trademark Office. It may seem obvious to some. But it is actually not as well-known of a concept as you think.

While federal registration of your marks is not required to obtain and maintain trademark rights, it can be extremely helpful in enhancing and enforcing them.

The Trademark Company

Tips from the Trademark Insider: Keep Your Trademark Portfolio Updated

An increasing number of registrations in the U.S. Patent & Trademark Office (“USPTO”) are being cancelled due to inaccurate descriptions of goods/services, inaccurate dates of first use, and other relevant information included in the application, registration and post-registration process. For example, in one recent case the USPTO cancelled a registration based on an inaccurate statement of use that included clothing items for men, women and children when, at the time the applicant filed the statement of use, the mark was only being used on women’s clothing and accessories. Although the registrant attempted to eliminate the erroneous goods at a later date, the USPTO still found fraud against the Office stating that a subsequent attempt does not remedy the fraud at the time the statement of use was filed. Therefore, before signing any paper before the USPTO, or having your representative do the same, be certain that all information is accurate and current. In other words, conduct a thorough investigation to ensure the mark is actively being used on each and every good and service listed in the application or registration and that the first use date is accurate.

The Trademark Company

Tips from the Trademark Insider: Use Your Trademarks Properly – Part II

Never use your trademark as a product descriptor. In so doing, you will give an infringer an argument that you have admitted that your mark is descriptive and of limited scope. If the mark has a propensity to be used as a product descriptor, it is a good idea to follow the mark with the generic name of the product. For example, instead of saying, “Our Widgets are awesome,” say, “Our ‘WIDGETS®’ brand kitty treats bites are awesome.” For instance, to prevent its mark from becoming generic, Kimberly-Clark refers to its products as “KLEENEX® tissues” or even “KLEENEX® brand tissues.”

The Trademark Company