Bill Hulseys Patent Lawyer is the founder of HULSEY PC and practices in Austin, Texas and Memphis, Tennessee. Bill Hulsey Patent Lawyer established HULSEY PC to apply a highly developed specialty and experience in a broad span of technical fields. Bill Hulsey Patent Lawyer takes great pride in serving emerging growth companies competing in global markets with products and services relating to renewable and sustainable energy technologies, life sciences, electronics, environmental innovations, software, and aerospace technologies.

1. Intellectual Property Creation &
Management for Emerging Growth
Technology Companies
Trademark Basics:
Loss of Trademark Rights &
Mechanics of Registration

4. Intellectual Property Creation &
Management for Emerging Growth
Technology Companies
Trademark Basics:
Loss of Trademark Rights &
Mechanics of Registration

5. Trademarks
 Subject Matter
 Scope of Protection
 Loss of Trademark Rights
 Mechanics of Registration
 Ownership
 Infringement
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6. Loss of Trademark Rights
 Trademark rights can be lost if not used or
not used properly:
 Must remain in continuous use
 Must indicate product source, not product itself
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7. Problems with Trademark Use
 Genericide:
 Escalator, Aspirin, Cellophane – all have become
generic
 Kleenex Brand Tissues (Kimberly Clark)
 Band-Aid Brand Bandages (J&J)
 Xerox Brand Copiers (Xerox)
 Rollerblade Brand In-Line Skates
 Thermos Brand Insulated Containers
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8. Trademarks
 Subject Matter
 Scope of Protection
 Loss of Trademark Rights
 Mechanics of Registration
 Ownership
 Infringement
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9. Obtaining Trademark Rights
 Rights arise simply from use of a mark in
commerce
 First use wins over first filing
 Two tier system of registration:
 State – weak
 Federal – substantial rights
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10. How To Obtain Trademarks?
 The Benefits of Registration:
 Prima facie evidence of the validity of the
registered mark and registration, the registrant’s
ownership of the mark, and the exclusive right to
use the mark in connection with the specified goods
or services
 Prima facie evidence of continued use since the
filing date of the application
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11. How To Obtain Trademarks?
 The Benefits of Registration (cont.):
 Constructive Notice of Registrant’s Claim of
Ownership
 Right to bring suit in federal court
 Statutory remedies, such as mandatory treble
damages and criminal penalties in counterfeit cases
 Ability to ban imports of goods with infringing
trademarks
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12. Federal Trademark Registration
Benefits
 Registration gives nationwide priority except
against prior user
 After five years, registered trademark may
be incontestable, even by prior user
 Trademarks may be continually renewed
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13. Obtaining Federal Trademark
Registration
 Application can be based on prior use in
commerce or good faith intent to use in
commerce:
 Prior use filing must be based on actual, not token,
use
 Intent-to-use filing must be based on bona fide
intent to use with particular goods or services
 “®” may be used with mark after
registration
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14. Trademark Searching
Basics
 Search pending & registered trademarks at:
 www.uspto.gov/main/trademarks.htm
 (choose the link for TESS)
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15. More information at uspto.gov:
 Trademark records and images
 Application forms
 Fee schedules
 Status of marks
 Manuals for classifying goods and services,
design codes, et
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16. Intellectual Property Creation &
Management for Emerging Growth
Technology Companies
Trademark Basics:
Loss of Trademark Rights &
Mechanics of Registration

17. www.HULSEYIPLaw.com