In his weekly blog, “Friday Factoid,” Offit Kurman attorney Jon Wachs delves into intellectual property issues that could affect you and your business. In one of his most recent posts, “Friday Factoid 3.28.14,” Mr. Wachs explains how the by the United States Patent and Trademark Office (USPTO) canceled seven trademarks that were highly used by New Jersey Transit Corporation.
Protecting your Trademarks: Do you know the routine?
“If you register a trademark with the USPTO, every few years you must also submit to the USPTO evidence that you are still using the mark in interstate commerce,” explained Mr. Wachs. “Failure to submit such evidence as and when required will cause the USPTO to cancel the registration.”
The initial registration term for a mark as registered with the USPTO is 10 years, but to keep the registration in effect during such period a registrant must file a Declaration of Continued Use within 18 months after the fifth anniversary of the registration date.
The New Jersey Transit Corporation had to hurry and re-register seven highly used trademarks after the organization failed to renew the marks before a 2012 deadline. All seven trademarks were canceled between January 11 and March 29, 2013
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As head of the firm’s Intellectual Property Group, Mr. Wachs works closely with clients to develop, register, analyze, enforce, and transfer intellectual property assets in a customized, cost-efficient, and highly effective manner. Additionally, he conducts intellectual property audits through which clients learn the nature and value of their intellectual property assets and the steps needed to protect such assets from misappropriation or dilution.