Why Is a Trademark Usage History Important?
Regardless of whether one seeks registration of a trademark, trademark rights themselves ultimately rely on commercial usage.
Usage of the trademark means displaying the mark in a commercial market such that when the trademark is shown or displayed in association with connected goods and services, a purchaser understands who or what is the source of those goods and services by identifying the associated trademark.
In other words, there must be enough information associated with all of the goods, services, and trademark, such that a purchasing customer can understand the commercial “source” of the trademark (and associated goods and services).
In enforcing trademark rights against third parties, it’s important to be able to establish that a purchasing customer associates your trademark with your associated goods and services.
One way to do that is to keep a documented and historical record of trademark usage in the market.
For example, in one year did you publish and distribute various newsletters displaying the trademark, and are the newsletters dated or containing some other type of information to identify the time period?
If you did, you may want to retain at least a few copies for your trademark historical archive.
Did you issue various invoices over the year, and on those invoices display the trademark?
Invoices showing trademark usage tend to be the best and most convincing type of proof of commercial or trademark reputation.
As such, some sample invoices, as well as website archives, detailed blogs, printed advertisements, promotional items, recordings of radio events, and the like, are all good pieces of “evidence” that can help demonstrate trademark usage and reputation, and so are worth adding to a trademark evidence archive.
In including the above items into your archive, it is also important to keep an ongoing and updated historical record identifying release dates and quantities, as well as geographic location.
Why keep a log of all the memories?
Because should you ever be required to provide detailed information (such as in litigation to establish your case), it will be nice to not have to rely on a years-old memory but instead flip open an easy-to-read and easy-to-follow log that contains just enough basic information to help you establish your case.
If nothing else, these little tidbits will always serve as reminders of your business venture’s history and bring a wave of nostalgic memories.
Visit our Services page to learn more about Pnc IP Group’s Patent services. If you have questions regarding the above, feel free to contact us.
Any patents, trademarks, or technologies referenced in this article are owned by their respective owners. Questions regarding this article can be directed to Tapas Pain. Pnc IP Group are licensed lawyers and registered patent and trademark agents with a history of serving the greater York Region, greater Toronto area since 2003. Pnc IP Group is
located in Vaughan, Ontario, and offers in-person visits by appointment.
Call us and book your appointment today, or speak with us by telephone anytime. Your calls are always welcome, and never hesitate to ask us your questions. These articles and opinions do not express or constitute legal advice.
