On Tuesday, June 21, 2016, the long and somewhat tedious process for trademark registration with the Principal Register reached its end for a number of companies and brands that sought to receive legal nationwide protection for their mark. While the entire registration process normally lasts approximately one year and change, it may last longer for some depending on the initial application they filed.
That is, if a company files a Section 1(b) application — Intent to Use — it may take advantage of the extensions available to file a Statement of Use (this includes a specimen), in the event that the mark has not been used in commerce.
Altogether, because a presumption exists that a mark in Principal Register is valid and the owner enjoys the exclusive right to use that mark throughout the entire country, the mark’s owner may recover damages for trademark infringement. Remedies include:
- a court order (injunction) that the defendant stop using the accused mark
- an order requiring the destruction or forfeiture of infringing articles;
- monetary relief, including defendant’s profits, any damages sustained by the plaintiff, and the costs of the action; and
- an order that the defendant, in certain cases, pay the plaintiffs’ attorneys’ fees.
- #B1G Conference
- Louisiana State University (LSU)
- University of Illinois
- King University (NCAA D-II)
- MLB Advanced Media
- Toronto Blue Jays
- Los Angeles Angels of Anaheim
- Philadelphia Phillies
- Charlotte Hornets
- New Orleans Pelicans
- New York Knicks
- Arnold Palmer Enterprises, Inc.
- Callaway Golf Company
- Karsten Manufacturing Corp.
- Clarity Sports International LLC
- Golden Eagle Lacrosse Club, Inc.