The document discusses what trademarks are and how they can protect the name and brand that a company has established. It defines what qualifies as a trademark and the different categories of trademarks. It also dispels some common misperceptions about trademark ownership and registration to clarify how trademarks work and how to properly protect the brands and names of companies.

1. Protect the Name You’ve
Made for Yourself®
By Lara Pearson, Leader
Law Office of Lara Pearson, Ltd.
www.LohasLaw.net
Lara@LohasLaw.net

2. What is a Trademark?
Anything consumers use to identify and
distinguish goods and services from one
another.

3. Trademarks
Embody the relationship your consumers
have with your product or service.

4. Trademarks are
Words: Connect. Market. Grow.
Taglines: Paper with a past, and a future.
Slogans:
Logos / Emblems:

5. 2 main categories of TMs
Trademark = on products
Service mark = in connection with services

6. Strengths of TMs
(strongest to weakest)
*Arbitrary or Fanciful –
*Suggestive –
Descriptive –
Generic – ECO FRIENDLY

7. Dispelling 5 common misperceptions
1. I automatically own the trademark in my company
name
2. I incorporated under that name and/or own the
domain name so I own TM rights
3. Once it’s federally registered, I can stop everyone
else from using my mark
4. I own common law (use-based) rights in my mark
and thus am entitled to protect it through federal
registration
5. I don’t need to do anything other than use my name
in order to be protected against infringement

8. 1
“I automatically own the trademark in my
company name”
TM rights exist:
(a) Based on first use of the mark in
connection with the sale of products and/or
services; or
(b) Based on registration of an
Intent to Use (“ITU”) application

9. 2
“I incorporated under that name and/or
own the domain name so I own TM rights.”
TM rights exist only in association with USE
of a mark. Corporate formation and domain
name registration alone do not constitute
use of a mark. You must offer goods and/or
services under the mark in order for TM
rights to exist.
www.notsofast.com Not Enough, LLC

10. 3
“I can stop everyone else from using my
name.”
TMs are relative to goods and services:
Only FAMOUS marks (nationwide
household brand names) get dilution
protection under Federal TM Dilution Act

11. 4 “I own common law (use-based) rights in my
mark and thus am entitled to protect it
through federal registration.”
Not always . . .
A. Dual system of “priority”
1. Prior / Senior User
2. First to file
B. Brand recognition
C. Genericide

12. 5 “I don’t need to do anything other than use
my name in order to be protected against
infringement.”
Use proper designations: TM

13. 5 I don’t need to do anything other than use
my name in order to be protected against
infringement
Use proper designations: SM

14. 5 I don’t need to do anything other than use
my name in order to be protected against
infringement
Use proper designations:
Federally register your marks!

15. “Green” TM facts
● 14,413 PTO records with GREEN in mark
● 2222 “green” TM applications in 2007
● 2987 “green” TM applications in 2008
●1435 “green” TM applications in 2009
● 269 “Go Green” applications; 193 LIVE
● 7 “Green is the New Black” applications
1 registration; 4 DEAD; 2 pending for apparel

16. Q&A

17. For more info, please reach out . . .
Lara Pearson, Esq.
www.LohasLaw.net
PMB 405, 774 Mays Blvd., No. 10
Incline Village, Nevada 89451
[v]775.833.1600 / [f]775.833.1474
Integrity. Knowledge. Passion.®
Protecting the Brands that are Changing the WorldSM