Getting Your Staff to Use Trademarks Properly and Effectively

April Wurster, Patent Attorney, ViaCyte, USA

Once a trademark registration is obtained from the United States (US) Patent and Trademark Office (PTO), it is important to continue to properly use the trademark and provide notice that the mark is registered. However, marketing departments, scientists and others who actually use the mark in commerce are not often aware of the use and notice requirements or how to satisfy those requirements. This article provides some real world examples of how and where entities fail to comply with the use and notice requirements, how that failure can relate to likelihood of confusion, and offers suggestions and a practical “To Do List” to help ensure consistent and proper trademark use.

April Wurster Esq., joined ViaCyte in 2011 and serves as Patent Attorney. April Wurster routinely works on intellectual property protection and enforcement involving patents and trademarks. Prior to joining ViaCyte, Ms. Wurster was with the law firm of Baker and McKenzie where she helped clients establish and maintain patent and trademark portfolios, and assists in the drafting and negotiations of licenses and assignments. Ms. Wurster has broad experience with intellectual property litigation in California and Texas. She has also conducted interferences with the Board of Patent Appeals and Interferences, as well as investigations with the International Trade Commission. Ms. Wurster holds a M.S. and B.S in biochemistry and cell biology from the University of California, San Diego. She received her J.D. from UC Hastings College of the Law.

ViaCyte, Inc., a leader in the emerging field of regenerative medicine, is a private, venture-capital backed company headquartered in San Diego, California focused on profoundly improving the way patients with diabetes are treated.