I don’t love surprises. Well, if you want to send me a surprise red velvet birthday cake, please feel free. Otherwise, I like being prepared – and infringement of intellectual property is one type of surprise that you can prepare yourself to handle. To assist in that effort, here’s a non-exhaustive list of questions you can ask yourself and your team members, to help determine next steps if you suspect infringement of your trademarks or copyrights. These questions may also come in handy if you find yourself on the receiving end of an allegation of infringement.
So you’re thinking about changing your company name, brand, or both. We usually like to allow at least a few months to identify the new name and initiate protection. To help you plan, here’s a high-level overview of significant steps in the process. Happy rebranding!
So your time-of-filing trademark watching service 1 warned you that someone filed a use-based application to register a mark that’s awfully close to your mark.
You drill into their application file history and notice that their proof of use of their trademark looks like this:
In a September 6, 2018 webinar hosted by CompuMark, I presented on the very important topic of trademark watching services. Thanks to CompuMark for inviting me to speak, and to everyone who attended the webinar and asked great questions! (If all goes according to plan, future blog posts may cover some of the questions we ran out of time to answer during the webinar). For those who weren’t able to make the webinar during the live presentation, you can access a copy on CompuMark’s website (you’ll need to register on the right side of the screen).
You might remember from Tore DeBella’s post that we just love letters of protest . They can delay or even avoid the need to file formal opposition proceedings in the United States Patent and Trademark Office. But wait — how do you learn about conflicting applications *before* they’re published for opposition purposes? Many watching services don’t notify you of conflicting applications until *after* the application has been published. That’s almost always too late to get your letter of protest granted.