Beware of False Renewal Schemes
Trademark registrations have to be maintained. There is an initial maintenance filing between the 5th and 6th anniversary of registration to show you are still using the mark, and another maintenance filing at the 10th year. Then every ten years, the trademark owner needs to provide proof of continued use. The US Patent and Trademark Office (“PTO”) sends an email (not snail mail) courtesy reminder that maintenance filings and fees are due to the attorney of record (not the
What to Do When You are Infringed
Do you want to be Starbucks or Jack Daniel’s? While it is never too soon to protect your company’s valuable trademark, registration alone is not enough. The owner of a trademark has to stop people from infringing its marks, known as policing the mark. It is a difficult line to walk. If you don’t police, you could be deemed to have abandoned your mark or have allowed infringing uses to go unchecked. Too much (or inappropriate) policing can make your company look like a bully
What is Trademark Infringement?
Trademark infringement occurs when a consumer becomes confused as to who made a product or service and buys someone else’s product instead of yours. The standard for infringement is “substantially similar” and “likely to cause confusion.” As an example, pretty much every product in the dollar store is on the verge of being infringing. Do you really think the bright orange bottle of laundry detergent called “Time” has the same stain-removal quality as the well-known, heavily
