Preserving a trademark need not be a daunting task; in fact, with the right guidance, it can be a straightforward process. While it’s true that the law doesn’t mandate trademark owners to engage the services of a trademark lawyer for registration and maintenance, doing so is strongly advisable. The reason is simple: errors in the registration or maintenance process can be surprisingly easy to make. Having knowledgeable professionals who understand the intricacies of the process and can navigate potential challenges is crucial. Establishing your brand is just the initial phase; subsequent to that, safeguarding what you’ve built becomes imperative.
A recent decision by the Trademark Trial and Appeal Board illustrates the importance of proper maintenance. The board granted a petition to partially cancel a trademark registered for “entertainment in the nature of ongoing television programs in the field of polo sports events.” The partial cancellation resulted from non-use of the mark in commerce for two years. However, it was not a complete abandonment, as the owner continued to utilize the mark for organizing polo events for fundraising.
The petitioner successfully demonstrated that the mark had not been used for an ongoing television program before the trademark registration filing on March 3, 2011. The owner’s production of three videos in anticipation of a potential TV show did not qualify as “ongoing television programming.” The videos were exclusively published on the internet, lacked regular television broadcasts, featured no dialogue, and were unrelated to each other. While the board granted the petition for the cancellation of the trademark related to ongoing television programs, evidence revealed the continued use of the mark for fundraising polo events. Despite proving a two-year period of non-use, the petitioner failed to establish the owner’s intent not to resume using the mark, resulting in partial cancellation.
Ensuring the proper maintenance of a trademark involves fulfilling various requirements, and errors can be surprisingly common. Inexperienced business owners have, unfortunately, seen their hard-earned brands damaged due to inadequate trademark maintenance. At Jurado & Associates, P.A., we prioritize not only the registration, monitoring, and maintenance of your trademarks but also the comprehensive protection of your brand. Our team can handle all aspects, allowing you to concentrate on your business and personal life without losing sleep over intellectual property concerns.
Navigating the complexities of maintaining and enforcing trademark rights can be intricate and time-consuming. If you’d rather not spend the majority of your time policing unauthorized trademark use, partnering with experienced professionals is the key. Jurado & Associates, P.A. stands out as one of the top law firms in Florida for intellectual property protection.
For further assistance, contact Jurado & Associates, P.A. at (305) 921-0976 or email [email protected] to arrange a consultation with our intellectual property team.
