Resolving Intellectual Property Rights – Memo

MEMO

To: Simple Green Product President

Cc: Other SGP Directors

From: Ms. Fuller: Marketing Director

Date:  11th August 2015

As we all know the SGP has been operation since 2008 where the company president considered choosing the company name and registering it online. In this regard, the company has its own unique domain named as www.SafePac.com which it has been using and adopted as the trade name. This name is known by all our customers and it is highly associated with our products. After assuming my position in the company as a marketing director, I considered taking the product marketing to another level and I required knowing more about the company trade name and whether it had been secured as a trademark. This was to ensure that I would market our trademark using 21st marketing strategies.

To my surprise, I established the company did not consider registering its trade name to the United States Patent and Trademark Office (USPTO). This implies that the company trade name is not secured and it could be sharing this name with other company. I decided to search the USPTO database and I realized that there is a company registered by the name SafePacs Safe choice Emergency Weather Kits and SafePack Safe Choice Emergency Weather Kits. This company was registered in 2002, but its products do not match ours and thus, this company is not our competitor. This brought about the issue of whether we can still retain our trade name and be registered by the USPTO.

Trademark is defined by the Lanham Act, as distinctive words, pictures, and devices or symbols utilized by enterprises to identify their services and goods. The act provides the users of trademark exclusive rights to their marks, thus safeguarding the money and time invested in those marks. The act also serves to lower confusion of consumers in the services and goods identification (Federal Status, 2013). Based on this provision, it would be hard for our company to be registered due to its mark similarity with that of SafePacs Safe choice Emergency Weather Kits which was registered long before our company. In this regard we may be forced to change our name. Actually this company may even consider repossessing our domain due to the confusion it can create to the company’s customers. The only advantage we may have is the fact that we do not sell similar products.

If the USTPO consider providing as with a trademark and the other company sure, the legal system will evaluate the legitimacy of our trademark based on the Trademark Dilution Revision Act of 2006. This act provides the owner of the famous act to place an injunction against upcoming company that intent to use its trade name. However, to win in this case, the company must manage to prove that it is more famous than the other company and that the new company’s intention is to take advantage of its fame to grown, which is impossible in this case since the two companies in question in this case do not share the same line of products and thus they are not competitors. The court will also check on various aspects to determine if the trademark is famous. This will include the mark publicity, extent, duration and geographical spreading of the advertising. It will also consider the geographic extent, volume, and amount of sales of services and goods offered using this mark.

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