Five Trademark Questions to Ask in the New Year

As we ring in 2023, sip some champagne and make a resolution to check out in on your trademark portfolio a lot more normally.  It misses you!

Below are a number of successful queries to ask:

1. Do your registrations address your truth?  You may well have launched new models or considerably redesigned your logo due to the fact you very last interacted with the USPTO.  Or most likely your small business has expanded or progressed, and the scope of your registrations ignores some now-critical items or services.  Probably your filings are all in the US, but the EU and Brazil have become significant marketplaces for you.  If any of this appears like you, it’s time to plug some holes.
2. Are you ready to meet deadlines?  Make absolutely sure the suitable people today know what is owing when, and whom to call.  If you acquired a trademark as portion of a business transaction, allow your legal professional and the USPTO know that you’re the proprietor now.  If the worker responsible for emblems retired 3 yrs back, have a new contact get in contact with your lawyer so reminders don’t get lost in bounce-backs or an unmonitored inbox.
3. What’s in the pipeline?  If a new merchandise line is coming before long, or you’re considering a rebrand, loop in your trademark lawyer faster somewhat than later on.  We can assistance you vet your possibilities when it’s still early sufficient to modify system simply, and lock in an early “priority” date by filing an intent-to-use application.  Likewise, if you anticipate to start in new markets, lay the groundwork with a trademark software. In most locations outside the house the US, the to start with to file generally owns a trademark, so it is even far more very important to get official protection in position in a well timed manner.
4. Are you lugging all around a bunch of deadwood?  If a former personnel was overzealous, or some brand names have been sunset, you may well have a stack of programs and registrations in the US or all around the earth that you just don’t want.  Get a leap on spring cleansing by reviewing your portfolio and permitting your trademark lawyer know what to jettison, fairly than be plagued by reminders of deadlines for marks that the corporation hardly recollects.
5. Are you monitoring your logos in their organic habitat?  Your emblems are considerably additional than terms or photos on a registration certificate the most vital element of their existence is out in the globe, in which they depict you.  If it is been a whilst given that you reviewed greatest procedures for use with your trademark legal professional, or you’ve employed a slew of new promoting folks, check in on how your logos appear on your web-site and your goods.  Are your licensees and partners using them properly?  Branding suggestions – superior-res logos, business-accredited shade techniques, and so forth. – should contain ideal practices from a trademark regulation point of view, to make absolutely sure you are not inadvertently harming your marks.  Your trademark legal professional can assist you flesh out all those suggestions and double-check your authentic earth use.  (Bonus suggestion: Talk about with your legal professional how to keep an eye on other people’s trademarks.  If another firm in your space picks a trademark that is far too similar to yours, or a straight-up copycat starts off using just your mark, you will want to know about that as soon as probable so you can get correct motion.)

Logos aren’t generally best of brain, but they’re important belongings – in 2023 and into the long term for as extended as you effectively have a tendency to them.  So commit a tiny time and assist your logos kick off the New 12 months in fashion.

And, in the meantime, I’ll resolve to write website posts much more on a regular basis.  Stay tuned!