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Out on a LIMSThe Blog for People Who Risk Life and LIMS on a Daily Basis

Trademark Registration: A Notice

Volume IEntry 43 of 55 in 20092 min read3 comments ↓

Written by Gloria Metrick on . Published as written. It may not reflect how these systems work today.

Over the years, I’ve defended my trademarks as each occurrence has come up. However, this week, after speaking with my Trademark attorney, I have finally decided to apply to register my trademarks in the registration database. Although I’ve been using the trademark “Out on a LIMS” ™ since 2001, I have finally decided to make it easier for people to see that it is a “mark” and that it is currently in-use.

By getting my trademarks into the trademark database, it makes it easier for others to search and find them. That makes it easier for other people to avoid them. However, it’s not a guarantee that the “marks” will make it into the database. Also, it’s a lengthy process.

Another salient point is that many businesses have a mistaken belief that only those “marks” that are listed in the database are valid marks. This is not the case. Trademark law protects our trademarks, regardless. Additionally, even a trademark that makes it into the trademark database can be challenged. The database should be thought of merely as that – a place to store things.

Of course, as I am not a trademark lawyer, I’m not making any claims that my explanations are correct nor that you should consider taking anything I’ve said as a replacement for the advice of your trademark attorney.

More specifically, you must avoid using trademarks such as “Out on a LIMS”™ as a title to a publication or for other use. Violating a trademark is known as “trademark infringement” and it is as unpleasant as it sounds.

Gloria Metrick
GeoMetrick Enterprises
http://www.GeoMetrick.com/

The conversation

3 comments from 1 person on November 6, 2009. Gloria replied once.

  1. John H. Jones

    Gloria,

    I am very surprised that anyone would be trying to use that phrase. It's cute, but honestly, is there really that big of a threat of someone using that phrase. It does not even make for a very good domain name. Customers would never get it typed in correctly.

    It's the domain name that really matters and once you have that the game is really over because without a good domain name search engines won't care about you and the users will never find you.

    I am just questioning the good use of money on something so obscure. Mind you, I have not even bothered to trademark our own corporate name LabLynx because we have the domain name and when you search on it, we are the only thing that comes up for the most part and if there is anything else, it is meaningless. Besides we really do not have any case where anyone really cares about taking our name and using it as if it were theirs. That would really be a funny move.

    Just my thoughts.

  2. Gloria MetrickAuthor

    As a small business, I assure you I'm careful with the money I spend. So, although I have used the trademark for many years, I have refrained from spending the money to register it until now because of this.

    But using a trademark isn't just about using it as a business name. I did not apply to register my business name, GeoMetrick Enterprises, because it's not that interesting. No-one has tried to infringe on it, that I know of, nor do I expect to have future issues with it.

    Compared to the "big" trademarks, my trademark issues must seem insignificant. But to me, they are quite an issue, since it is only me that is available to do all the work of defending the mark. As such, every violation is yet more work for me. If registering the trademark cuts down on even one instance of this, then it was worth the money as it has saved me the time and effort of following-up on it.

  3. John H. Jones

    I like the name GeoMetrick... I think it is very cool (I hate saying that word "cool" because it makes me sound like a teenager) but I do think GeoMetrick, while not something to spend money on Lawyers about makes for a great domain name. It is memorable.

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