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.