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Five Trademark Questions to Ask in the New Year

Helen Saulnier January 16, 2023
Five Trademark Questions to Ask in the New Year

As we ring in 2023, sip some champagne and make a resolution to verify in on your trademark portfolio additional usually.  It misses you!

Below are a number of successful inquiries to ask:

  1. Do your registrations include your fact?  You could have launched new brands or drastically redesigned your logo given that you very last interacted with the USPTO.  Or possibly your small business has expanded or progressed, and the scope of your registrations ignores some now-vital items or providers.  It’s possible your filings are all in the US, but the EU and Brazil have grow to be significant markets for you.  If any of this appears like you, it is time to plug some holes.
  2. Are you well prepared to meet deadlines?  Make absolutely sure the appropriate persons know what is owing when, and whom to call.  If you obtained a trademark as element of a organization transaction, enable your attorney and the USPTO know that you’re the proprietor now.  If the employee liable for logos retired three yrs in the past, have a new make contact with get in touch with your lawyer so reminders really don’t get lost in bounce-backs or an unmonitored inbox.
  3. What’s in the pipeline?  If a new merchandise line is coming soon, or you’re considering a rebrand, loop in your trademark legal professional quicker rather than afterwards.  We can enable you vet your choices when it is nonetheless early ample to improve course very easily, and lock in an early “priority” date by submitting an intent-to-use application.  Similarly, if you assume to launch in new marketplaces, lay the groundwork with a trademark software. In most locations exterior the US, the 1st to file commonly owns a trademark, so it is even a lot more vital to get formal defense in put in a timely manner.
  4. Are you lugging all over a bunch of deadwood?  If a former employee was overzealous, or some manufacturers have been sunset, you may perhaps have a stack of applications and registrations in the US or all around the world that you just really do not have to have.  Get a bounce on spring cleansing by examining your portfolio and allowing your trademark lawyer know what to jettison, instead than be plagued by reminders of deadlines for marks that the firm barely remembers.
  5. Are you checking your emblems in their natural habitat?  Your trademarks are considerably additional than words or photos on a registration certificate the most significant portion of their existence is out in the world, where they characterize you.  If it’s been a even though because you discussed finest techniques for use with your trademark lawyer, or you’ve employed a slew of new promoting folks, look at in on how your trademarks show up on your site and your products.  Are your licensees and companions applying them appropriately?  Branding tips – high-res logos, corporation-accredited color strategies, etcetera. – ought to incorporate very best methods from a trademark legislation perspective, to make confident you’re not inadvertently harming your marks.  Your trademark attorney can assistance you flesh out people guidelines and double-check out your authentic world use.  (Reward suggestion: Explore with your legal professional how to keep an eye on other people’s logos.  If one more enterprise in your place picks a trademark that’s much too equivalent to yours, or a straight-up copycat begins working with specifically your mark, you will want to know about that as quickly as probable so you can just take proper motion.)

Emblems are not constantly best of brain, but they are worthwhile belongings – in 2023 and into the long run for as extended as you appropriately tend to them.  So spend a little time and help your logos kick off the New Year in style.

And, in the meantime, I’ll resolve to write weblog posts more often.  Continue to be tuned!

Copyright © 2023, Foley Hoag LLP. All legal rights reserved.

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