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HomeMy Public PortalAboutIdaho's Outdoor Playground Trademark tate.5 of tuor zl 14ta Mntteb Otateo patent anb Trabemarb Offtre IDAHO'S OUTDOOR PLAYGROUND Reg. No. 5,889,830 City of McCall (IDAHO municipal corporation) 216 East Park Street Registered Oct. 22, 2019 Mccall,IDAHO 83638 Int. Cl.' 35 CLASS 35:Promoting recreation and tourism in McCall,Idaho Service Mark FIRST USE 5-23-2017; IN COMMERCE 5-23-2017 THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY Principal Register PARTICULAR FONT STYLE,SIZE OR COLOR No claim is made to the exclusive right to use the following apart from the mark as shown: "IDAHO'S" SER.NO. 88-370,145,FILED 04-03-2019 A,x-, Director of the United States Patent and Trademark Office REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS. Requirements in the First Ten Years* What and When to File: • First Filing Deadline: You must file a Declaration of Use(or Excusable Nonuse)between the 5th and 6th years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the registration will continue in force for the remainder of the ten-year period,calculated from the registration date,unless cancelled by an order of the Commissioner for Trademarks or a federal court. • Second Filing Deadline: You must file a Declaration of Use(or Excusable Nonuse) and an Application for Renewal between the 9th and 1 Oth years after the registration date.* See 15 U.S.C. §1059. Requirements in Successive Ten-Year Periods* What and When to File: • You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between every 9th and 1 Oth-year period,calculated from the registration date.* Grace Period Filings* The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of an additional fee. *ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use (or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office(USPTO). The time periods for filing are based on the U.S. registration date(not the international registration date). The deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying international registration at the International Bureau of the World Intellectual Property Organization, under Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the international registration,see http://www.wipo.int/madrid/en/. NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the USPTO website for further information. With the exception of renewal applications for registered extensions of protection, you can file the registration maintenance documents referenced above online at h ttp://www.uspto.gov. NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark owners/holders who authorize e-mail communication and maintain a current e-mail address with the USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms available at http://www.uspto.gov. Page:2 of 2/RN#5889830 ... ... State of Office of _ SecretaryState CERTIFICATE REGISTRATION OF TRADEMARK-SERVICE MARK STATE OF IDAHO I, LAWERENCE DENNEY, Secretary of State of Idaho and custodian of the records of Trademarks and Service Marks, do hereby certify to the following Trademark/Service Mark Registration filed on February 5, 2019. Name of Registrant: CITY OF MCCALL Business Address: 216 E PARK ST MCCALL, ID 83638 File Number: 027039 State of Domestication: N/A Class: International 35 First Use in Idaho: 05/23/2017 First Use Anywhere:05/23/2017 Expiration: 02/05/2029 Goods or Services with which mark is used: Advertising and promoting recreation and tourism in_McCall, Idaho. Registered Trademark-Service Mark: The phrase"Idaho's Outdoor Playground." The mark consists of standard characters,without claim to any particular font,style,size,or color. Reproduction of the mark: SIM O� SEAL Lawerence Denney } �} Secretary of State Processed by: Business Division WHITE PETERS ON ATTORNEYS AT LAW MARC J.BYBEE WHITE,PETERSON,GIGRAY&NICHOLS,P.A. PHILIP A.PECERSON Wm.F.GIGRAY,III CANYON PARK AT THE IDAHO CENTER WILLIAM L.PUNKONEY KIRK J.HOUSTON 5700 E.FRANKLIN RD.,SUITE 200 MA=w A.JOHNSON NAMPA,IDAHO 83687-7901 TERRENCE R.WHITE�• JAY J.KIIHA i s OF COUNSEL WILLIAM F.NICHOLS s TEL (208)466-9272 WILLIAM F.`BUD"YOST BRIAN T.O'BANNON' FAX(208)466-4405 OF COUNSEL EMAIL: bobannon@ivhitepeterson.com Also admitted in OR •s Also admitted in WA November 7, 2019 Erin Greaves City of McCall 216 East Park Street McCall, ID 83686 .Re: Application for federal trademark registration IDAHO'S OUTDOOR PLAYGROUND U.S. Trademark Application Serial No. 88370145 Dear Erin: I am enclosing the registration certificate for the IDAHO'S OUTDOOR PLAYGROUND trademark. This mark is now officially registered on the principal register with the U.S. Patent and Trademark Office (USPTO) under the registration number 5,889,830. The registration date is October 22, 2019. The other enclosed documents are notices that the USPTO included with the registration certificate and are for your information. In order to maintain an active registration, it is necessary to continue to use the trademark consistently with the goods and/or services for which it was registered and to periodically produce evidence of continued use. A. Maintenance Filings Please note that to maintain a trademark registration, it is necessary to file certain documents to demonstrate continued use of the trademark in commerce. If these documents are not timely filed, the USPTO will assume the mark is no longer in use and will cancel the registration. These maintenance filings include the following: 1. Combined Declaration of Use and Incontestability [5-6 years after registration]: The declaration of use is a sworn statement that the mark is still being used in commerce and a specimen of use. A declaration of incontestability is usually filed at the same time. The declaration of incontestability is a declaration that the mark has been in use for five years after City of McCall IDAHO'S OUTDOOR PLAYGROUND trademark registration November 7, 2019 Page 2 the date of registration and is still in use in commerce, which means the registration can no longer be challenged. The declaration of use must be filed no later than October 22, 2025. 2. Declaration of Use/Excusable Nonuse and Application for Renewal [9-10 years after registration and every 10 years thereafter]: The second maintenance filing includes a declaration of use and an application for renewal. These documents must be filed no later than October 22,2029. B. Updates to Ownership Information It is important to update your registration in the case of a change in address. An assignment (transfer of ownership) of the mark should also be reported to the USPTO. Failure to update ownership information can result in cancellation of the registration. C. Continued Use Continued use is necessary to maintain a trademark registration. The use of the trademark should be consistent with the use set forth in the application for registration and in the specimens of use provided to the USPTO. If a substantial change in use occurs it may be necessary to amend the registration or cancel the existing registration and file an application for a new registration. You are authorized to use the ® symbol with a registered mark to provide notice that the mark is federally registered. A registered mark that is not used in commerce for a period of five (5) years is presumed to be abandoned. If a temporary suspension in use of the mark occurs and use is later resumed, efforts to resume use should be documented to rebut any presumption of abandonment. D. Licensing If you choose to license the right to use the trademark to another party the best practice is to enter into a written license agreement setting forth the scope and duration of the license and guidelines for use. A license agreement should also provide for review and monitoring of the licensee's use of the trademark. Our office can assist with drafting a trademark license agreement. City of McCall IDAHO'S OUTDOOR PLAYGROUND trademark registration November 7, 2019 Page 3 If you have any questions,please feel free to contact me. Sincerely, WHITE PETERSON Brian T. O'Bannon BTO/lh Enclosures 1hW.•IWorkWWcCall,City of21684Mrademark matterslWost-registration Itr 11.7.19.doc y4 A i Please note that U.S. Customs & Border Protection (CBP), a bureau of the Department of Homeland Security, maintains a trademark recordation system for marks registered at the United States Patent and Trademark Office. Parties who register their marks on the Principal Register may record these marks with CBP,to assist CBP in its efforts to prevent the importation of goods that infringe registered marks.The recordation database includes information regarding all recorded marks, including images of these marks. CBP officers monitor imports to prevent the importation of goods bearing infringing marks, and can access the recordation database at each of the 317 ports of entry. In October 2005, CBP released the,Intellectual Property Rights e-Recordation (IPRR) system.This new system allows right holders to electronically file IPR recordation applications, thus significantly reducing the amount of time normally required to process paper applications. Some additional benefits of the new system include: • Elimination of paper applications and supporting documents. • Copies of the certificate issued by the registering agency(U.S. Patent and Trademark Office or the Copyright Office) are retained by the right holder, not submitted to CBP. • Payment by credit card (preferred), check or money order. • Ability to upload images of the protected work or trademark, thus obviating the need to send samples to CBP. • Reduced time from filing of the application to enforcement by field personnel. ' Information about how to obtain a recordation, and about CBP's Intellectual Property Rights (https://www.cbp.gov/trade/priority-issues/ipr/protection) border enforcement program, is available at CBP's web site, www.cbp.gov. Or, go directly to the CBP recordation page. USPTO Emails vs. Potentially Misleading Offers and Notices from Private Companies Make sure you receive-our emalls about your registration We will send you email reminders when your deadline approaches to file the necessary maintenance filings to keep your registration active. We do not send reminders by regular mail. We will also use an authorized owner's email address to serve notice ifa petition to cancel your registration is filed with the Trademark Trial and Appeal Board.- To receive emails: • Authorize receipt of correspondence by email by checking the designated box on the Trademark Electronic Application System (TEAS) Change of Correspondence Address and Change of Owner's Address Forms on https://www.uspto.gov/trademarks/teas/. • Make sure the USPTO is on your"approved senders list" and that email from the USPTO is not treated as junk mail. • Let us know if your email address changes. To update your email address: 0 Use the TEAS Change of Correspondence Address and Change of Owner's Address Forms on https://www.uspto.gov/trademarks/teas/. & If an attorney represented you before your mark was registered but no longer represents you, use the TEAS Attorney Revocation/Appointment Form to remove your prior attorney's name and to add your email address so that the email reminders come directly to you. Beware of potentially misleading offers and notices All official correspondence about your registration will be from the "United States Patent and Trademark Office' in Alexandria, VA, and, if by email, from the domain'*"*@uspto.gov-" Our email reminders will direct you to make the necessary filings and pay the associated fees online through TEAS, and will not request any fees by mail. Private companies not'associated with the USPTO often use trademark application and registration information from our databases to mail or email trademark-related offers and notices. These offers and notices may include legal services, trademark monitoring services., recording trademarks with U.S. Customs and Border Protection, and "registering"trademarks in a private registry. Most companies require "'fees"to be paid. These companies may have names similar to the USPTO. Their names may include the terms "United States,"'"U.S.,""Trademark,""Patent,""Registration,""Office," or ,"Agency."Some companies attempt to make their offers and notices look like official government documents 'by using official government data publicly available from USPTO records. Where to report misleading offers and notices., If you receive a trademark-related offer or notice that you believe is misleading, please immediately file a, consumer complaint with the Federal Trade Commission (FTC) at www.FTC.-gov and retain the notice and the envelope it: carve in. We also encourage recipients of-misleading trademark-related mailings to contact their state consumer protection authorities. For more information, including examples, visit our webpage called "Caution: misleading notices." If the company who contacted you is not identified on our webpage, please email TrademarkAssistanceCenterOuspto.gov and attach a copy of the notice and the envelope it came in, so that we may consider adding the example to our webpage. Unfortunately, we do not have the legal authority to pursue refunds from a private company for you if you paid money or signed up for services based on a misleading offer or notice.