Trademark Monitoring

After you’ve had your trademark application filed, it’s absolutely necessary that you monitor your trademark in some way. The USPTO does conduct a search of their own files so if someone does file for a Federal trademark after your registration it typically is rejected. However, relying on the USPTO to protect your trademark is a mistake for several reasons.

First and foremost, the USPTO is going to operate by their guidelines, which are strict to an extent. However, they may not be strict enough for your own liking. Let’s look at a real life example:

• Norcross Safety Products has a registered Federal trademark for Ladybug for “garden clogs and garden boots,” which is in International Class 25, the clothing class
• TSP Fashion has a pending Federal trademark for Lady B. for clothing of all types in International Class 25 and specifically mentioned “shoes, sandals and slippers”

On the surface they look different except in looking at the record for Lady B. you can see that there is also an inclusion of a design of a ladybug. Again, the names are different but the message of the name is similar as is the industry, namely clothing. This is not to say that the USPTO is wrong in not refusing Lady B’s filing but it does prove my point.

Let’s just assume that Norcross would take issue with this mark. Unless they’re monitoring their mark in some way, Norcross would not have a clue that Lady B. is close to becoming registered.

Second, it can take the USPTO almost 6 months to conduct a search of their records. This means that a competitor can be using the same or similar name that whole time, which means you’re likely losing customers and if so, you’re definitely losing money.

Third, the USPTO only searches their records, which consist of the Federal trademarks. Yes, that’s a large number of records however State trademarks are going to be relevant to your business as well.

Let’s say your business primarily does business on the West Coast but you have plans to expand to the East Coast. A Federal trademark does give you the right to the entire country, however, if someone has a New York trademark you’ll have new hurdles to deal with in expanding that can be time consuming and costly.

Those are three important reasons why monitoring your registered trademark is a necessary part of your business plan. There are a couple of different ways you can go about monitoring your mark – 1) hire a trademark monitoring service OR 2) have comprehensive trademark research conducted every 2-3 years.

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Fixing Your Credit Report Profile In Three Days

If you are the type of person who is always busy and work two or three jobs at the same time, below is a quick-fix method which will restore your credit rating starting in only three days.

 

Day One: Get your three-fold file from annualcreditreport dot com and grab a pen-highlighter in your hand while you read your three-fold reports one by one. You can spend your lunch break at work to focus on any one of the three files. While reading through, highlight any negative item you find and be sure you understand what has been documented there. Make footnotes at the bottom of the page so that you can easily recollect your thoughts while reading.

 

At the close of work, spare a few minutes to focus on a second version of your file. Remember that you have your Experian, Transunion and Equifax. Repeat the same process as you did during lunch break. Again make footnotes if necessary (it could even be anything you want to do pertaining to your report as long as it will improve it).

 

Reserve the third file for when you get home and apply same process as you did for the first two, but be sure you get it done that same day. Some people are fast readers and can understand all three reports easily. Consider yourself lucky if you fall into that category.

 

Day Two: Focus on one report at a time, and on a separate plain and neat paper write out all the negative entries and errors that you need to get rid of. Repeat same for the remaining two files using one paper for one version of your file. Remember that the three bureaus are not the same and you’ll deal with them individually.

 

Day Three: Begin writing and mailing dispute letters to the individual bureaus using standard mail. And never dispute more than one issue in one letter lest it be treated as frivolous.

 

Note that you can hire a credit repair law firm if your job is too hectic to permit you to do-it-yourself.

 

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