Skip to main content

Protect Your Mark, Part Two



Yesterday's post was about recording your trademark with Customs, which will prevent the importation of infringing goods. However, you'll want to be sure to take the necessary steps to protect your mark within the U.S. as well.

Straight from the horse's mouth: "You are responsible for enforcing your rights if you receive a registration, because the USPTO does not 'police' the use of marks. While the USPTO attempts to ensure that no other party receives a federal registration for an identical or similar mark for or as applied to related goods/services, the owner of a registration is responsible for bringing any legal action to stop a party from using an infringing mark." 

Ok, so what does this actually mean? Since the USPTO will not police the use of marks it's going to be up to you be your own trademark cop. This means having that comprehensive research done every 2-3 years. Now this is going to be a whole different mind-set from the first time this work was done. Instead of looking to see if your mark is infringing on others you'll now be looking for those that may be infringing upon you. 

The rationale in determining if marks are infringing upon you is going to be the same that was used to decide if your new name might be infringing on others.

Comments

That is correct. I agree with what you posted here. You really have to protect your mark.

Popular posts from this blog

$50 Discount: Ends Wednesday, July 20th - Mention the Blog When Ordering

$50 DISCOUNT! Exclusively for you Comprehensive Research & Analysis: Federal/State Trademark & Common-Law Federal Trademark Application Order by Wednesday, July 20! 800-776-0530

So, you finally settled on the perfect name for your product or service – that's fantastic! Finding just the right name is vitally important to the success of any product line or service.
Or, perhaps, we've already searched & filed a trademark for you. If it's been a couple of years, have you had protective research conducted? Do you have a logo or a slogan or a new product/service name?
Regardless if you're new to the world of trademarks or have already gone 'round once, let's walk through a quick primer. Protecting your brand is a vital part of your overall business plan.
Trademark Step-by-Step Primer
1) Is it required that I register my trademark?
No, not at all. However, registering your trademark, specifically your Federal trademark, does provide you with several advantages:
* Pu…

Beware of Official-y Correspondence

Once you get that trademark filed be aware that your information is of public record, which means, unfortunately, some will mine that resource & some of those folks will send you solicitations. 
These solicitations often look very official, and "may use names that resemble the USPTO name, including, for example, one or more of the terms "United States," “U.S.,” "Trademark," "Patent," "Registration," "Office," or "Agency."  
Some will even have documents that resemble actual government documents rather than what you'd expect a company to send and this is often done by "emphasizing official government data like the USPTO application serial number, the registration number, the International Class(es), filing dates, and other information that is publicly available from USPTO records."
Most of these are asking you for money. That's your major warning flag.
"All official correspondence will be from the …

IP Webinar Series: December 9-11th

"The Minority Business Development Agency (MBDA) and the U.S. Patent and Trademark Office (USPTO) will co-host a free webinar series to help business owners understand the intellectual property process, starting on Tuesday, December 9.

Register today!
This three-part webinar series will provide participants with insightful tips for success on getting a patent or registering a trademark or copyright." The trademark webinar takes place on December 11th, 1pm-2pm EST. Register here. I'll be there so "see" you on-line!