Upcoming Events
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Attending:- American Bar Assoc. IP Law Section Annual Mtg. (Arlington, VA) - April 7-10, 2010
- International Trademark Assoc. Annual Meeting (Boston, MA) - May 22 - 26, 2010
- SAC Annual Meeting (NY, NY) - April 6, 2010
Speaking Engagements:- SIC (Dallas, TX) - July 15-17, 2010
- RESA Conference (Las Vegas, NV) - Jan 24-26, 2010
- Erik recently spoke with Seth Kahan, Author of Freelance Fortune. The recorded discussion containing simple tips to enhance and leverage your brand, can be found here.
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Questions? Comments?
Contact us at:
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Erik M. Pelton & Associates,
PLLC
PO Box 100637
Arlington, VA 22210
ph
703-525-8009
f 703-997-5349
emp@tm4smallbiz.com
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Greetings!
Welcome to smar(tm)ark,the new monthly newsletter from Erik M. Pelton & Associates, PLLC.
smar(tm)ark is a free resource for current and former clients, as well as others who have requested information about trademarks. If you wish to unsubscribe, see the instructions at the bottom of this email. Your email address and information will never be sold to a third party.
Your brands and intellectual property are among the most valuable assets of your business, and many steps to grow, protect, and enhance your brand are simple, inexpensive, and do not require an attorney. smar(tm)mark will provide tips and information about trademark, copyright and brand protection, and provide readers with tools to increase the value of their brands.
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Trademark Tip: Customs Registration
Owners of federal trademark registrations for goods can file their trademarks with U.S. Customs and Border Protection. Customs agents will then be on the lookout for infringers and knock-offs - policing your trademark for you. Customs recordation is simple and government fee is just $190 per International Class of goods. More information is available at the Customs and Border Protection official website.
As a further benefit, trademarks recorded with Customs show up in their database which could deter would-be importers of counterfeit goods. While there is no guarantee that Customs will catch an infringing shipment, the potential value of such a catch far outweighs the $190 filing fee.
If your company manufactures or sells branded goods, the cost of having a trademark registration and recording it with U.S. Customs will pay for itself many times over if just one infringing shipment is blocked or avoided. This inexpensive tool to protect your products and brands is worth considering, especially if you do business in China or other countries that are often sources of knock-off products.
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Trademarks in the News:MARCH MADNESS
The NCAA has created a veritable branding slam dunk with MARCH MADNESSŪ and THE ROAD TO THE FINAL FOURŪ. In offices and schools across the country this month, people filled out their
basketball brackets hoping to guess this year's big upsets. According to legend, the MARCH MADNESSŪ name was actually used for decades in Illinois high
school basketball before NCAA television commentators began using it. The catchy phrase stuck and the NCAA struck a deal to share use and ownership of the
trademark.
MARCH MADNESSŪ is an terrific brand. The idea of "madness" is fun, the phrase is fun to say and has two words starting with the same MA- sounds, and it is
unique. The slogan does not automatically tell the consumer
anything about basketball or a tournament of teams, only that it happens
in March and that it is madness. [A phrase that is too descriptive is weaker and unlikely to be unique.] Yet because is such a good name
and so well marketed, everyone knows what it is. Of course, a
successful product is necessary for a great brand, and both casual and
devoted fans love the excitement of the tournament and the fun of filling
out brackets. Add a great brand name to a great product, and you have a slam dunk. MARCH MADNESSŪ is such a combination.
Of course, now that the MARCH MADNESSŪ trademark is so strong, the
owners actively protect it with
strict usage guidelines for advertising partners and enforcement
activities against infringers. The stronger the brand and the more
control the owners can exert over it, the more they can charge their
licensing and advertising partners to be 'official' users of the brand. This is true whether a brand is already worth millions of dollars,
like MARCH MADNESSŪ, or if a brand is just getting started. The more
unique the brand and the better it is protected, the more valuable it
can become as an asset.
Lesson
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Is your brand a slam dunk? If you have a great product or service but
are not a "Final Four" team in your industry, perhaps your trademarks
need revisiting. A powerful product plus a powerful trademark is
winning formula, just like MARCH MADNESSŪ and the FINAL FOURŪ.
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Firm News
 EMP&A
is proud to welcome associate Mark L. Donahey, J.D., M.S., to the
firm. A 2009 graduate of George Mason University School of Law and a
member of the Virginia State Bar, Mark first joined Erik M.
Pelton & Associates as an intern in the summer of 2008. In law
school, Mark's studies focused on Intellectual Property Law,
Privacy Law, and Negotiation. Prior to beginning law school, Mark
received a Bachelors Degree in Philosophy from the University of
Notre Dame and a Masters of Science in Systems Engineering from George
Mason University. In his first months as an attorney at EMP&A, Mark
has diligently handled numerous client matters including presenting oral
arguments before the Trademark Trial and Appeal Board and conducting
the deposition of an opposing witness.
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Did You Know?
Since 1999, Erik M. Pelton & Associates has helped hundreds of clients register more than 1,200
trademarks and resolve dozens of trademark disputes.
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This publication has been prepared for the general information of clients and
friends of the firm. It is not intended to provide legal advice with respect
to any specific matter. Under rules applicable to the professional conduct
of attorneys in various jurisdictions, it may be considered advertising
material.
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