Trademarks: Demonstrating Use in Commerce

$195.00

Live Broadcast on September 26, 2017

This CLE will cover a stumbling point for many new (and seasoned!) trademark practitioners: demonstrating use in commerce. As the one major requirement for trademark registration, selecting appropriate specimens can prove more complicated than it seems. For example, did you know that certain specimens are accepted for service marks while considered unacceptable for goods? This CLE will walk through the appropriate specimens for both goods and services, as well as cover the differences in acceptable specimens for 1(a) applications and 1(b) Intent to Use applications. We will also look at best practices and tips for submitting numerous specimens.

Key topics to be discussed:

•   Brief TM filing overview review
•   What is a specimen?
•   Examiner’s requirements for 1(a) specimens
•   Examiner’s requirements for 1(b) specimens
•   Best Practices in specimen submission

Date / Time: September 26, 2017

•  3:00 pm – 5:00 pm Eastern
•  2:00 pm – 4:00 pm Central
•  1:00 pm – 3:00 pm Mountain
•  12:00 pm – 2:00 pm Pacific

Choose a format:

•  Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•  On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

Clear

Caroline J. Fox, Esq. is an attorney based in Richmond, Virginia. Her practice focuses on the needs of small businesses, with special emphasis on the design, creative, and technology industries.

Caroline joined The Creekmore Law Firm PC in 2015 after running her own solo practice. She earned her Juris Doctor at the University of Richmond School of Law after graduating cum laude from Elon University. She is the recipient of the Auzville Jackson Award for Excellence in Intellectual Property Law.

Born in Easton, MD, Caroline’s interests include yoga, wetland conservation, animals of all kinds, and supporting the arts.

CLE Accreditation:
mylawCLE seeks approval in all states except VA.

CLE 2.00 – AK
CLE 2.00 – AL
CLE 2.00 – AR
CLE 2.00 – AZ
CLE 2.00 – CA
CLE 2.40 – CO
CLE 2.00 – DE
CLE 2.40 – FL
CLE 2.00 – GA
CLE 2.00 – HI

CLE 2.00 – IA
CLE 2.00 – ID
CLE 2.00 – IL
CLE 2.00 – IN
CLE 2.00 – KS
CLE 2.00 – KY
CLE 2.00 – LA
CLE 2.00 – ME
CLE 2.00 – MN
CLE 2.40 – MO

CLE 2.00 – MP
CLE 2.00 – MS
CLE 2.00 – MT
CLE 2.00 – NC
CLE 2.00 – ND
CLE 2.00 – NE
CLE 2.00 – NH
CLE 2.40 – NJ
CLE 2.00 – NM
CLE 2.00 – NV

CLE 2.40 – NY
CLE 2.00 – OH
CLE 2.40 – OK
CLE 2.00 – OR
CLE 2.00 – PA
CLE 2.00 – PR
CLE 2.40 – RI
CLE 2.00 – SC
CLE 2.00 – TN
CLE 2.00 – TX

CLE 2.00 – UT
CLE N/A – VA
CLE 2.40 – VI
CLE 2.00 – VT
CLE 2.00 – WA
CLE 2.40 – WI
CLE 2.40 – WV
CLE 2.00 – WY

Accreditation Policy
myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.

Reciprocity
Additionally, some states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, FL, ME, MT, ND, NH, NJ, NY, PR, and SD. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

On-demand CLE
myLawCLE will seek on-demand approval in all states except Virginia and Arkansas (outside reciprocal provisions stated above).


myLawCLE Credit Guarantee
myLawCLE offers a program and credit approval guarantee. If a registered attendee is unhappy with a CLE program they have attended, myLawCLE will offer that attended access to another complimentary CLE or a full refund in order to insure the attendee’s satisfaction.

Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I. Brief TM filing overview review
a) Application
b) Review Process
c) Office Actions
d) Publication
        i. Oppositions
e) Final registration or denial

Section II. What is a specimen?
a) Statutory Requirements
b) “Use in Commerce”
        i. What is “use in commerce?”
        ii. Caselaw interpretations

Section III. Examiner’s requirements for 1(a) specimens
a) Distinction between goods and services
b) Materials specifically named as appropriate TM specimens (TMEP 904.03)
        i. Limitations, exceptions, and carveouts
        ii. Notable cases
        iii. Goods, services, or both?

Section IV. Examiner’s requirements for 1(b) specimens
a) Materials specifically named as appropriate TM specimens (TMEP 904.03)
        i. Limitations, exceptions, and carveouts
        ii. Notable cases
        iii. Goods, services, or both?

Section V. Best Practices in specimen submission
a) File specs
b) File naming
c) Audio submissions