How to Trademark Properly

When I started my publishing company in 2012, I thought I should have a trademarked name to identify my writings - books, ebooks, articles essays, etc. I thought it was a good identifier for my style of writing and chose a name representative of my major life theme. After two years of futzin' through the USPTO's technical and legal language, I have to tell you, they don't make anything clear.

I have technically ABANDONED my original name, a. because I thought I knew what I was doing yet didn't read the fine print, and b. their website pages are sometimes clear, but too often muddy, vague and unclear.

For example, let's say the name was "Rod's Writings." 
First I did a free trademark lookup and it wasn't taken. Good.
Second I logged into their TEAS system and filed an application. An electronic signature was all that was required and that passed.   

Then it went to a very nice USPTO lawyer for review and approval on its way to getting "registered," That required filing A Statement of Use specifying that I planned to use this name "Rodney's Writings" in my publications commercially. During that process I had to choose the categories of my publications so I chose Class 009 for ebooks etc, and 016 for hard/softcover works. Easy enough. I completed all my contact info, paid $250 each per class, and the process was over. I thought.

I thought that was it until I received by email a Letter of Action against my filing for non-compliance. This started me down the rabbit hole trying to correct whatever problem 'they' had found. 
I couldn't find a specific reason why my filing was deficient. Could it be because I only published in class 016 so far, and not in Class 009? I couldn't be sure after intensive site readings.I pondered releasing my obsolete book as an ebook and all that would entail, but then received a "Notice of Abandonment, and it was recorded and publicized in the Federal Register!  

However, I found a webpage that said I could "Revive" my application by paying an additional one hundred bucks. This was getting expensive, But I was willing to do it to save my $500 I'd already put out. However, scanning the USPTO website, I still wasn't certain what they required. So very confused, I emailed my congressman Chris Smith, who's office has been very responsive in helping to straighten the mess out. Too bad however, that if they wrote to USPTO for an explanation, USPTO had 45 days to respond, well past my deadline for filing a "revival." By this time I only had days to respond.

But Smith's Office pointed out a Tech Center number to call which I did and was switched to the USPTO. There I was told to file a revive notice or it would be lost. That was no help. So I went online and filled out the Petition to Revive Form online, which meant answering very unclear questions. But I did, got a "Confirm" button to click and pay, and entered credit card data.

Boom! "Error 99 Failure" I tried another valid credit card and Boom! again. I called Tech Support, held for 10 minutes then finally hung up clicking the ebusiness Tech Center link on the failure page for help. But guess what? That number/site is no longer in service! 

So, in desperation I called the lawyer, a real nice guy, who actually answered his phone personally on the first ring. We chatted. I tried again. No go. Called him back but this time I pumped out more info. For one, I had to have published a "series of books" for the trademark to be effective. Who knew that? They didn't make it clear I can tell you.

Second, the lawyer said it had been over two years and the application could not be revived. Ever. Deadlines had been passed unbeknownst to me. And another thing, did you know that during the trademark "process" you can only use the symbol TM next to your name? Yeah, that was a secret also.

Frustrating, yes. A waste of money, time and effort, Yes. But now that I know, I'll do it all right when my second book is ready for publication, no big deal.

Oh, the good part, I almost forgot. The USPTO has reduced its trademark fee to only $225 each.
We'll see how long that lasts.

Good luck, best, Rod

Ode to Wives

How do you know

     so much about me

     and I so little of you?

Taking me aback

     when least expected

"Do you think you should visit

     Joe (the barber) soon?

We have community Dessert & Games nite Saturday."

And how is it

    you notice my long hair and beard

    when I never do?

Rare is the time

     I trim and shave my cheeks

    and then you say

"Oh how nice you look!"

And I know you mean it

    because other friends say it too

    not just the women.

Or on cleaning day

    when you say

"Help me flip your mattress.

Didn't you say it was lumpy?"

And I ask myself,

    How did she remember that?

Or on Movie night with Barb

    and you ask

" Why don't you change that ratty shirt

     for the nice one I just bought?"

Unasked,

    you had bought two,

    hearing "I need more long sleeved tops,"

    two weeks earlier

Or before the Baha'i Assembly meeting

     and you ask nicely

 "Should you change for our guests?"

     and I put the other new top on.

Or "Did you brush for the dentist?"

     before leaving for my cleaning appointment.

Or "I taped Agent Carter for you

     why don't you watch that

     while I'm at the PTA meeting?"

Or "Where would you like to go

     for dinner tonite?"

Or "I sent your Mom a birthday card

     from both of us."
And to Dad, and brothers and wives, sister and husband.

Or "Did you see you were tagged 
     on Facebook yesterday?"
Of course not.

I used to resent the nagging

     until I realized

Hell, it's all for my benefit
     she cares about me more than I do!

And that was twenty years ago

      and I've been a happier husband since

Or, rarely, "Would you mind

     going to Acme for skim milk?

     I ran out."

And finally it dawns

     How rare she asks me to do something for her!

How rare in fact

     she asks for anything for herself

     except me to look my best

     except me to remember -- to be nice

I marvel at her noticing

      not rare like mine

At her caring that much

      to remember

 that she still loves me

Copyright 2015 Rodney Richards

Ode to Moms

Oh Mom!

The tongue you bequeathed me

 – inadequate--  

for your praise!

Shall I thank thee for your sacrifice?

That called for single motherhood

for eight hard years that sufficed

Shall I thank thee for your gifts?

That gave me smarts

to endear teachers' hearts

and the girl I married not to miff

Shall I thank thee for your kindness?

That put brother and I first

without showing sadness

Shall I thank thee for thy sweet demeanor?

That only grew angry

because I was meaner?

Shall I thank thee for putting others before thee?

Family, friends, strangers 

and all you see including me

Shall I thank thee for your encouraging words?

Praising our achievements

no matter how absurd

Shall I thank thee for food on the table and clothes on my back?

Before you ate

or took your own outfits

off the Goodwill rack?

Shall I thank thee for your rose-colored glasses?

In light of dark

near-broke

begging dashes

when He sent you aid

Shall I thank thee for your unlimited faith?

In God, the Pope

and Christian fate

I could go on and tell your stories

but tears would fall

because

there are so few great glories

Yet, yet, there are many

'cause we survived

 -- by your own and God's hands –

tender at times or hard

creating mutual destiny

So thank you Mom

I am that much more

a better man for it

Copyright 2015 Rodney Richards

Ode to DaDs

Was it the Marine Corps
that taught you cleanliness?

You taught me to scrub a commode
better than Mr. Clean
while you vaccumed our beige-carpeted and walled
garden apartment

You taught me to shake hands firmly
as a man would
especially a woman's

You taught me no hatred
of colored, or weak, or stupid, or foreign, or cruel
or poor ones;
to treat people with respect and intelligence
every time

You taught me respect for humanity
that The Tao
would not
until four years later

You taught me to tee my butts
and jam them in my back jean's pocket                                 
which my wife still uncovers in the wash
and hates finding the stinky things

You must've taught me to drive
your salmon '57 Chevy Bel Air hardtop with no posts               
and it was good enough
to earn my California license as a kid
despite running over curbs

And you taught me respect                        
for our many girlish dates                                                           
and of women likewise                                                                  
to love them all                                                                          
with "Treat women well."

And so "I Do" has meant more than mere words                       
after 43 years with my first wife;                                                     
a strong redhead                                                                           
you gave me courage to approach                                         
without fear of showing a good heart

And you Dad, you taught me responsibility also                            
to work dedicated at a job                                                           
and remain loyal                                                                            
as you supported a family of four at first                                    
then five, then six, seven, eight and nine

And though I never drove your faded green Ford Fairlane            
I remember family Sunday drives                                           
around the gorgeous Delaware Valley                                            
in cold, cool, warm then humid seasons

And you taught me                                                                        
that our recalcitrant decrepit lawnmower                                  
could be repaired                                                                             
by your tenacity                                                                            
and cunningly constructed temporary fixes

So I don't give up hope easily,                                              
fulfilling my Taurean nature

And I learned to arrive early                                                    
which increases my sweetheart's lovingness                                
not keeping her waiting

You both gave me freedom to break rules                                   
and I broke them                                                                          
until one of you said                                                                   
"He must go to his Father."

How else would I have learned                                                       
to tee and clean                                                                               
to respect and drive                                                                         
to dedicate and not be late and                                                        
to love without fear?

Thank you DaDs!                                                                  
Rodney Senior my first and least known                                 
Ralph Senior my last for near on five decades

What's in a Dad's name or appelation?                                     
except example and words?

Sad to think both of you gone physically                                     
but not spiritually                                                                           
not internally                                                                                 
not emotionally                                                                              
not laughably                                                                                
not memorably                                                                                                       
Because I Am your Junior Apprentice


Copyright 2015 Rodney Richards