The Corporate Law Group

OctoMark

Mother of eight Nadya Suleman, claiming “also known as” status as the “Octomom”, has filed for two trademarks on “Octomom” to be used with diapers, dresses, pants, shirts, and textiles on an “intent to use basis” meaning that she is not yet using the intended trademark; and in connection with an intended TV variety show. The Buzz refuses to imagine how you turn reproductive excess into a variety show. So called “Intent to use” trademarks are supposed to avoid the old problem of manufacturing a commercial sale of something trademarked good just in order to file a registration application. It used to be that you had to actually use the mark in commerce before you could file a registration application. Now you get 6 months and a possible 5 additional 6 month extensions in order to actually start using a mark. We’ll see if “Octomom” diapers start showing up in the next 6 months. The strongest way to register a trademark is to use all capital letters in your application. This is to show that there is absolutely no stylized design or capitalization scheme associated with your mark. In other words, every single way of capitalizing or stylizing the mark is a potential infringement. Check this space for thoughts on building an IP portfolio next time.

Paul Marotta

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