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Best way to document trademark

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mmedina

Guest
What is the best way to document the usage of a trademark (eg. logo for business)? I've heard of putting a document in the mail and sending it to yourself but that doesn't seem like the best approach. I have a web site with the logo. If I print it out with the date, is that sufficient? Or should I get a non-relatives signature? I just don't know what it is that I could file away for future reference (in case there was an issue of the date it was put into use).
 


divgradcurl

Senior Member
What exactly are you trying to accomplish here?

Trademark rights arise through the use of a mark in commerce -- if you don't use the mark in commerce, you can't establish rights to the mark. If you are using the mark in commerce, then the date you started using the mark (not the day you created the mark) would be the critical date, and you could establish that in any number of ways. Mailing something to yourself won't work -- you need to document when you started using the mark for you business, so maybe the first time it appeared on letterhead that went out to the customer, or the first time it appeared in an ad, or something like that.

I could possibly provide more detailed info if I kew a) what you were trying to accomplish -- do you just want local protection, or more than local protection? What kind of business is it?
 
M

mmedina

Guest
Thank you for your reply. My business is web hosting and I have used the logo for several years. Would a print out of the web site suffice? Or do I need to create something else? What other verification would be needed (eg. a customer signature?)

Thanks,
Maria
 

divgradcurl

Senior Member
Any evidence of a date when you began using the mark in commerce would suffice. A printout of the website would likely work, but if you print it out today, how does that help you since you mentioned that you had been using the mark for several years? Hopefully you will have some invoices or other dated materials that can verify the first use of the mark -- otherwise, you might be able to use more circumstantial evidence.

As far as what is "sufficient" it depends on what you want to use the "proof" for. If you are trying to prove that you used the mark before someone else, then you need to have "more" proof than the other person that you started first -- preponderance of the evidence. If you are seeking to invalidate or otherwise challenge a registration of a mark through the USPTO, the proof level may be higher. If you are seeking to register your own mark through the USPTO, the proof is likely lower. It all depends on what you are seeking to accomplish.

Are you in danger of being sued, or planning to sue someone else? If so, then your attorney can give you more specific information based onthe actual facts of your specific situation.
 
M

mmedina

Guest
What is the name of your state? CA

Thank you again. Your questions about proof are very thought-provoking. I'm not currently suing anyone nor am I anticipating anyone suing me. I will be filing for the trademark in the upcoming months. There is no issue at hand.

However, what I'm trying to find out is what type of documentation I need to get at this time. What "if" someone disputes my mark in the future? I will be asked for documentation to prove the date that I started using the mark. Well, what do I show them? Since all my correspondance and transactions are on the web, what pieces of paper should I generate to file away in my documentations folder?

I could print out the first invoice (html invoice sent via email) that has the image on it. But should I then have the client sign it or something?
 

divgradcurl

Senior Member
"I could print out the first invoice (html invoice sent via email) that has the image on it. But should I then have the client sign it or something?"

That would probably provide good evidence, although having the client sign it is probably unecessary. If you are going to file for registration with the USPTO, you can work with your attorney to ensure that everything is properly documented. If you are not facing a lawsuit, there probably isn't a rush to pin down a date.
 

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