Trademark

Trademarks: Proof of Use Audit by USPTO

If you have received a US trademark registration, be prepared to 'prove' your use of the trademark in commerce.

The USPTO will conduct audits at random of the declarations of use for marks registered for multiple goods or services in the same class.  At this time, the USPTO is estimated to audit up to 10 percent of the declarations of use filed each year.  It is believed that the percentage will increase depending on the results of the audit and the number of USPTO resources that are assigned to the project.

Changes in Amazon’s Brand Registry Terms

Introduction

Regardless of whether Jeff Bezos is the richest man in the world or a close second place, it is indisputable that the web-based products and services offered by Amazon are integrated into just about every part of our daily lives.  Although self-driving cars and drone-delivered goods are a bit off, Amazon’s buying and selling platform is here to stay.  Recently, however, Amazon changed its ‘Brand Registry’ requirements, which has caused a great amount of confusion to a number of our new and existing Clients.

Trademarks: Should I get a Registration?

Introduction

In a previous post I discussed the ‘in use’ aspect related to a federal trademark registration, and how this ‘use’ has a relationship to actual ‘use in commerce’.  But what if you don’t have (or don’t want to get) a federal registration - can a you still obtain rights?

Luckily the answer is ‘yes’!  The acquisition of federal trademark rights under the Lanham Act (at least here in Texas, and more aptly the 5th Circuit) is established by use, not by registration.[1]  The State of Texas has a similar provision (“Trademark" means a word, name, symbol, or device, or any combination of those terms, used by a person to…”).

So just what are the benefits of going through the rigor of obtaining a Registration?