Trademark Registration Essential to Brand Protection: Just ask Michigan State University
How important is trademark registration with the USPTO? The recent attention given to Michigan State University’s decision to apply for a new Spartan logo with the United States Patent and Trademark Office (USPTO) exemplifies the importance of brand identity. The MSU athletic department, in conjunction with Nike, has apparently decided to ultimately stay with the current Spartan head design logo, as noted in a recent MSU athletic department press release. Here are some trademark registration lessons we can all learn from MSU's effort to decide and protect on a new design for its Spartan Logo.
Trademark Registration Lessons:
First, when considering a new trademark, it is worth applying for an intent to use trademark with the USPTO. Doing so will afford the owner with a constructive priority date of the filing date, assuming the mark eventually is registered. Put another way, a trademark owner may acquire rights to the trademark before first use in commerce and thus prevent another from getting rights. Second, applying for an intent to use trademark is relatively inexpensive and can easily be abandoned if the entity decides to keep the current trademark or select another. As such, companies should not hesitate to file for more than one intent to use trademark when considering new logos, brands, etc. As long as there is a bona fide intent to use the mark in commerce, an intent to use trademark application is warranted.
On the other hand, trademark applicants should be aware that the USPTO Trademark Electronic Search System (TESS) is a publicly available search system that will allow people to identify the mark you consider or intend to use. As such, the public, including competitors, fans, and others, may make inferences or draw conclusions that may not ultimately be true. For example, the Michigan State University Spartan fan base was unhappy with the proposed logo and commentary throughout the Internet erupted. However, this risk may be worth taking in order to ensure protection of a proposed mark that may eventually become registered and selected as the trademark moving forward.
Ultimately, every entity, be it non-profit or for-profit, should consider brand identity. Trademark registration is a critical part of any brand identity and should be properly identified, registered, and protected. Michigan State University understands this, which is why their current logo, which they now appear to be keeping, is also protected with a trademark registration, and has been since 1985.
For more information on trademark registration, cease and desist letters and the USPTO;
How to Trademark: What Are USPTO Office Actions and How Should You handle Them?
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