Project I (2017): create proposed marks

MEMORANDUM

THOMAS, THOMAS, AND THOMAS

A Pretend Limited Liability Partnership

From: Ira Steven Nathenson, “Managing Partner,” T3 PLLP
To: Spring 2017 “Associates”
Date: Jan. 11, 2017
Re: Trademark project 1: select four trademarks

Background. 

You are fictional associates in a fictional law firm: Thomas, Thomas, and Thomas, PLLP, or “Pretend Limited Liability Partnership.”  (Also known as T-Cubed.)  There are no real clients and no real adverse parties. This project is preliminary to your later work learning how to search, register, and enforce trademarks.

Short description of project.

For your first assignment, invent four (4) trademarks or service marks. These will be used in the class by your classmates later in the semester. Do a good job as your classmates will be relying upon you to select interesting and useful marks! This project is worth five percent (5%) of your final semester score.

Work product requested.

Four marks

Create four (4) proposed trademarks or service marks for your client Acme, Inc., a fictional business in Dania Beach.

Goods and services for each mark

You should also select goods and/or services for each of your four (4) proposed marks.

Format for work product

Listing of marks/goods-services (email & hard copy)

Write up your proposed marks in short memo format from you to me (with TO:, FROM:, RE:, and DATE: lines), followed by each of the four marks along with their respective goods or services. Please send the email in MS Word format to me at inathenson@stu.edu. Please also print a hard copy to give me in class.

Certification

Please sign and submit a hard copy of the Certification of Originality and Attribution. To receive a score in any project, a certification form must be filled out and signed. Cf. FRCP 11(a).

Due date and time: Jan 24.

Project I is due at the beginning of class, Tues., Jan 24, 2017.

Caveats & warnings: these are important, so read them carefully.

No searching before selecting marks.

No searching. Do not conduct any searching prior to selecting your mark. Let’s make this like the real world where the client comes to you with a mark. Maybe the mark will be registrable, maybe it won’t. We’ll address searching and registrability later in the course. For now, just focus on coming up with realistic marks.

The types of marks you should (and should not) submit

  • Typed marks. Your mark must be a typed (i.e., word) mark and not a stylized mark or design.
  • Trademarks or service marks only. Create either trademarks or service marks. Do not create collective marks, certification marks, or trade names.
  • Plausible marks. Your mark must be a plausible one, a mark that might reasonably be used in the real world. So do not create a mark that is nonsensical (such as XZZMQ@17 or ZRGGHAXLY). Instead, choose marks that sound plausible.

Prohibition on real-world marks, actual or planned

Do not select any real-world marks, either current or planned. Do not select any mark that you know or believe is being used or might be used by any person or business, whether yourself or any other person or entity. I will enforce this prohibition strictly. There are several reasons for this prohibition.

First, to protect you. I want you to avoid the unlicensed practice of law.

Second, to protect me. I will be giving students feedback on marks through the semester, so you should not make me an unwitting participant in your provision of legal advice to yourself or to others.

Third, to avoid clouding your perspective. I want your thinking to be unclouded by personal stakes: if a mark is something to matters to you (for example, you hope to use it someday for a business), then your personal involvement may cloud your thinking and lessen the effectiveness of your learning.

Consequences for the violation of this requirement may include lowering of your project score, your overall grade, and referral to the academic integrity integrity committee.

Revised Jan. 11, 2016