The Pottlatch In The Radley Case Summary

1. The Potlatch in the Raley’s shopping center, here in town, has a unique sign (word mark) and logo. “The Potlatch” is in a teal box with a yellow trim on the outside of the building with the letters with a look as if they are made of wood in black font. On all boxes, stickers, packages, etc., the letters are in a hunter green font color which is most used. The “A” is made to look like a teepee. The wood-font, hunter green color, and the teepee “A” should be all included in the trademark.

2. Trademarks can be a word, color, sound, design, font, or phrase. Trademarks need to be in use in order to be protected under common law. There is no need to file any paperwork if the business is using their trademark. This will still uphold some protection. If a business conducts interstate commerce, they can apply for their trademark to be in the Federal Registry. This makes their trademark stronger and have more substance in the country’s market. Applying for federal registration has some up and downs. To ensure

After these three steps, the trademark is in full force. If a similar trademark is missed and is wanting to take down the newly published trademark, they have 30 days to oppose the mark. If the trademark is in use with the same mark, the true owner has five years to get it taken off the registry. When the five years are over, if there is another trademark of its kind, the true owner cannot try to have it taken down. They have exceeded the time limit and the newly published trademark will continue to be in the Federal Registry. At ten years, and every tenth year after that, the business has to file for renewal. If the trademark is not used in the market for three years, the trademark is signified as abandoned and not legally registered