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Agenda 03/28/2017 Item #16F103/28/2017 EXECUTIVE SUMMARY Recommendation to authorize the County Manager or his designee to prepare and submit applications to renew service marks with the United States Patent & Trademark Office and with State of Florida Division of Corporations to preserve the County’s advertising, logos, phrases and slogans, and make a finding that this expenditure promotes tourism. ______________________________________________________________________________________ OBJECTIVE: That the Board of County Commissioners authorizes staff to prepare and submit applications to renew service marks with the United States Patent & Trademark Office and with the State of Florida Division of Corporations to preserve the County’s advertising, logos, phrases and slogans. CONSIDERATIONS: On January 10, 2007, the Collier County Tourism Division began the use of two logos incorporating the phrases “Paradise Coast Blueway” and “Paradise Coast Blueway - The Collier County Paddling Trail”, in promotional and informational materials to assist users of the Blueway paddling trail, and to promote tourism in Collier County. These logos were originally registered as service marks with the State of Florida Division of Corporations on May 18, 2007, and with the United States Patent & Trademark Office on January 29, 2008. This has provided the County additional legal protection of its use of the logos and phrases for advertising and business both within the state and nation-wide. Pursuant to § 495.071, Fla. Stat., the County must file renewal applications with the state for each of these service marks within the six months prior to their expiration on May 18, 2017. This will renew the state service mark protection for five more years. The cost to file a service mark renewal application with the state is $87.50 per application. Pursuant to Sections 8 and 9 of the Trademark Act, 15 U.S.C. §1058, the County must file a Declaration of Use and Renewal Application for both service marks with the United States Patent & Trademark Office within the twelve months prior to their expiration on January 29, 2018. This will renew the federal service mark protection for ten more years. The cost for this filing is $400.00 per Declaration and Renewal Application. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The total cost associated with filing the state and federal renewal applications is $975.00. Funds are available in account no. 194-101540. ADVISORY BOARD RECOMMENDATION: This item and the expenditure of funds was approved by the Tourist Development Council at its regularly scheduled meeting on February 27, 2017. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires majority vote for approval. - CMG RECOMMENDATION: That the Board of County Commissioners: 1. Authorizes staff to prepare and submit renewal applications to renew the registration of the logo with the phrase, “Paradise Coast Blueway”, and another logo with the phrase “Paradise Coast Blueway - The Collier County Paddling Trail,” with the State of Florida Division of Corporations, and with the United States Patent & Trademark Office, for use by the Collier County Tourism Division; 2. Authorizes the Chairman to execute the completed applications on behalf of Collier County after approval by the County Attorney’s Office; 3. Approves the expenditure of funds as stated, and make a finding that this expenditure promotes tourism. 03/28/2017 Prepared by: Jack Wert, Tourism Division Director Colleen M. Greene, Assistant County Attorney ATTACHMENT(S) 1. Blueway service marks renewal - backup (PDF) 03/28/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.1 Doc ID: 2866 Item Summary: Recommendation to authorize the County Manager or his designee to prepare and submit applications to renew service marks with the United States Patent & Trademark Office and with State of Florida Division of Corporations to preserve the County’s advertising, logos, phrases and slogans, and make a finding that this expenditure promotes tourism. Meeting Date: 03/28/2017 Prepared by: Title: Tourist Development Tax Coordinator – Tourism Name: Kelly Green 03/08/2017 11:06 AM Submitted by: Title: Division Director - Tourism – Tourism Name: Jack Wert 03/08/2017 11:06 AM Approved By: Review: Tourism Jack Wert Additional Reviewer Completed 03/08/2017 7:25 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 03/09/2017 4:53 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/14/2017 11:39 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2017 10:22 AM Budget and Management Office Ed Finn Additional Reviewer Completed 03/20/2017 2:51 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2017 10:13 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM Int. Cl.: 35 Prior U.S. Cis.: 100, 101 and 102 .. Reg. No. 3,374,726 United States Patent and Trademark Office Registered Jan. 29, 2008 SERVICE MARK PRINCIPAL REGISTER PARADISE COAST BLUEWAY COLLIER COUNTY (FLORIDA POLITICAL SUB- DIVISION) 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112 FOR: ADVERTISING, MARKETING AND PRO- MOTING TOURISM IN COLLIER COUNTY, FLOR- IDA, IN CLASS 35 (U.S. CLS. 100, 101 AND 102). FIRST USE 1-10-2007; IN COMMERCE 1-10-2007 NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "PARADISE COAST, BLUEWAY", APART FROM THE MARK AS SHOWN., SER. NO. 76-677,040, FILED 5-18-2007. ANNE MADDEN, EXAMINING ATTORNEY Int. Cl.: 35 Prior U.S. Cls.: 100, 101 and 102 - Reg. No. 3,374,727 United States Patent and Trademark Office Registered Jan. 29, zoos SERVICE MARK PRINCIPAL REGISTER • THE COLLIER COUNTY PADDLING TRAIL COLLIER COUNTY (FLORIDA POLITICAL SUB- DIVISION) 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112 FOR: ADVERTISING, MARKETING AND PRO- MOTING TOURISM IN COLLIER COUNTY, FLOR- IDA, IN CLASS 35 (U.S. CLS. 100, 101 AND 102). NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "PARADISE COAST", "BLUEWAY", "COLLIER COUNTY PADDLING TRAIL", APART FROM THE MARK AS SHOWN. SER. NO. 76-677,041, FILED 5-18-2007. FIRST USE 1-10-2007; IN COMMERCE 1-10-2007. ANNE MADDEN, EXAMINING ATTORNEY FLORIDA DEPARTMENT OF STATE Division of Corporations March 15, 2012 COLLEEN GREENE, ESQUIRE OFFICE OF CO. ATTORNEY JEFFREY KLATZKOW 3299 EAST TAMIAMI TRAIL, SUITE 800 NAPLES, FL 34112-5749 RE: T07000000683 The mark renewal for DESIGN OF A HORIZONTAL OAR WITH TWO HORIZONTAL WAVY LINES SUPERIMPOSED ABOVE "PARADISE COAST" ABOVE "BLUEWAY" was filed on March 14, 2012. The Mate of expiration of this mark is now May 18, 2017. Please be aware if the owner's address changes, it is the responsibility of the owner to notify this office. To facilitate processing, please refer to the trademark's registration number on your change of address notice. Should you have any questions regarding this matter, please telephone (850) 245- 6051, the Trademark Section. Nanette Causseaux Document Specialist Supervisor Division of Corporations Letter number: 212A00009425 www.sunbiz.org Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 FLORIDA DEPARTMENT OF STATE Division of Corporations March 15, 2012 COLLEEN GREENE, ESQUIRE OFFICE OF CO. ATTORNEY JEFFREY KLATZKOW 3299 EAST TAMIAMI TRAIL, SUITE 800 NAPLES, FL 34112-5749 RE: T07000000682 d 2 x s}• 70 N N A► ko .n The mark renewal for DESIGN OF A HORIZONTAL OAR WITH TWO HORIZOTAL WAVY LINES SUPERIMPOSED ABOVE "PARADISE COAST" ABOVE "BLUEWAY", ABOVE A SOLID RECTANGLE WITH "THE COLLIER COUNTY PADDLING TRAIL" SUPERIMPOSED was filed on March 14, 2012. The date of .expirionf�ais mark now May 18, 2017...,y , Please be aware if the owner's address changes, it is the responsibility of the owner to notify this office. To facilitate processing, please refer to the trademark's registration number on your change of address notice. Should you have any questions regarding this matter, please telephone (850) 245- 6051, the Trademark Section. Nanette Causseaux Document Specialist Supervisor Division of Corporations Letter number: 412A00009426 www.sunbiz.org Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 PARADISE �0 BLUEWAY Next Meeting Paradise Coast Blueway Ground Truthing Project Thursday, January 11, 2016 East Naples Library, 6:30 PM For more information, call us at 239-252-2384 or visit www.ParadiseCoastBlueway.com 2660 North Horseshoe Drive # 105 • Naples, FI 34104 Phone: 239-252-2379 -Fax: 239-252-2404 ParadiseCoastBlueway. com Welcome to Paradise Coast Blueway - ParadiseCoast Blueway l 4i. I � .. I L� PARADISE COAST BLUEWAY Page 1 of 1 Welcome to the official site for the Paradise Coast Blueway, Collier County's Paddling Trail. A network of paddling routes along the extensive coastline, the trail leads kayakers and canners on an exciting journey from the cypress, through the mangroves and out to the edge of the Gulf of Mexico utilizing GPS waypoints. Phase 1, the Ten Thousand Islands section of the Blueway, begins in Everglades City, at the northwestern to of Everglades National Park's Wilderness Waterway trail, and ends at the village of Goodland on Marco Island. There are six day trip trails as well as one long trail route in Phase 1. Eventually, with the completion of Phases 2 the Paradise Coast Blueway will provide routes through the northern border of Collier County in Bonita Springs. Use this site to order a map, find an outfitter, learn about the ecology of the trail, get trip ideas and plan a visit to Naples, Marco Island and the Everglades. Visit our Events page for information on the upcoming Everglades Kayak Fishing Paddle -In in the Everglades and the 4th Annual Paradise Coast Kayak Festival at Isles of Capri. Saltwater Sports, a local kayak outfitter, guide service and retail store, has won Sea Kayaker magazine's Readers Choice Awards for Best Sea Kayak Outfitter, SoutheasUGulf Coast and Best Tour Operator, Southeast/Gulf Coast. These awards run from 2008-2011, so Saltwater Sports holds this distinction for the next three years. The awards are determined by online survey votes from readers of the magazine and visitors to Sea Kayaker Magazine's Web site. Thanks to the Paradise Coast Paddling Club for all of their volunteer hours and efforts during trail testing and mapping of the Blueway! Check our Events Section for the latest information on paddling events in Naples, Marco Island and the Everglades. Naples Marco Island Everglades This project received financisi assistance through rso.+rr. two ra wa n..w.. VISITFLORIDA. Contact Us I Privacy Policy 02017 Greater Naples Marco Island Everglades CVB. All rights reserved, ,a, iii w. V I f 1 T F LOR 10 A. eo m This project made possible through funding provided by VISIT FLORIDA® and the Florida Commission on Tourism. http://www.paradisecoastblueway.com/ 3/2/2017