b'PROTECTING INNOVATIONTrademarks and HempTRADEMARKS AND BRANDINGhave been awith rights across the entire United States and allow staple of agriculture for generations. Just as brand- the trademark owner the right to use thesymbol.ing and branding irons are still an important part ofIdentifying trademarks and their value to your the American West to identify the owner or sourceorganization is an important first step. After that, it is of livestock, seed company brands or licensed marksvital for an organization to set up systems to protect (trademarks) are equally important to help these com- and maintain its trademark rights, as failure to properly panies and organizations differentiate their productsmaintain a mark can result in the loss of rights to a very in the market. This is even more apparent as the wild,valuable mark. wild west hemp market becomes ever increasingly JAMES WEATHERLY saturated with competing hemp products. In mostTips for Maintaining a Trademark:Seed Innovation andcrops, trusted brands or trademarks allow a grower to Docket and file the various renewals due for Protection Allianceplow through the clutter and make purchase decisionstrademark registrations at the five year and 10-year executive director based on their connection with those company marks.dates, as failure to file these renewals with the USPTO This article discusses U.S. trademarks as well as someor state can result in a loss of rights.practical tips for licensing and maintaining trademarks Do not use the trademark as or in the name of a in the hemp industry. hemp variety. Remember a trademark is used to iden-To start, a trademark is a word, symbol, sound ortify the source of a product or seed (i.e. the company) device, which serves to indicate the source of seed,and not the seed or plant itself. There are a number plants, fruit or other products or services. This is inof court cases in the United States where the use of a direct contrast to a patent or Plant Variety Rights,trademark as a varietal name can result in the loss of which are often forms of protection on the product orthe trademark. Make sure you develop and use a sepa-seed itself. rate and distinct variety name. There are a lot of options for a trademark, but as Control the use of your trademark by ensuring the stated above, the key to a good trademark or brand ismarks are consistently used in the proper manner with one that helps differentiate your product or seeds fromthe appropriate quality of goods.WHEREWEB your competitors, allowing the grower to quickly find Monitor the use of your trademark to make sure ON THE what they are looking for. only those who have the right are actually using it.For more information What do I mean by indicating the source of seed or on the intellectualplant material? The value of a trademark is centered onTips for Licensing a Trademark:property protectionthe reputation to the consumer of the goods associated Make sure all goodwill associated with the mark associated with with the mark. Based on that reputation, the consumerbelongs to the owner of the mark.seed, visit the has an impression that they know the source of the Establish, monitor and/or police the use of the SIPA website atgoods and the quality and/or characteristics theymark via trademark license agreements to licensees seedipalliance.comexpect from those goods or services. and publish guidelines to ensure proper use of the or contact James Weatherly at jamesw@ There are two forms of trademark rights in the Unitedmark and expected quality of the goods.seedipalliance.com. States: common law and federal rights. Common law Ensure there is no use of the mark as a varietal rights are based upon actual use of a mark in commercename by the licensee.and extend to the locations where a mark has actually And if there is a problem, make sure you have a been used. An organization who wants to provide noticemeans to remedy or exit the license. of their common law rights may use thesymbol withFor more information on trademarks, including more the mark. detailed steps for protecting your trademarks, maintain-Federal trademark rights are provided through theing or licensing trademarks or even enforcement of your registration of your trademark with the U.S. Patent andtrademarks rights, contact the SIPA program by visiting Trademark Office (USPTO). Once a mark is registered,the SIPA website at www.seedipalliance.com or contacting federal trademark rights provide the trademark ownerJames Weatherly at jamesw@seedipalliance.com.SW36/ SEEDWORLD.COMOCTOBER 2020'