Agenda 09/13/2011 Item #16K59/13/2011 Item 16.x.5.
EXECUTIVE SUMMARY
Recommendation to authorize staff to prepare and submit Declarations of Continued Use to
maintain service mark registrations with the United States Patent & ` Trademark office to
preserve the County's advertising, logos, phrases and slogans at a cost of $200.00.
QB,CTIVE: That the Board of County Commissioners authorize staff to prepare and submit
Declarations of Continued Use to maintain service mark registrations with the United States Patent &
Trademark Office to preserve the County's advertising, logos, phrases and slogans.
CONSIDERATIONS: On February 1, 2004, the Collier County Tourism Department (Naples,
Marco Island, Everglades Convention & Visitor's Bureau) began the use in advertisements of two
logos incorporating the phrases, "Naples Marco Island Everglades Paradise Coast" and "Florida's Last
Paradise', to promote tourism in Collier County. These logos were registered as service marks with
the United States Patent & Trademark I Office on February 7, 2006 and March 7, 2006, respectively.
This service mark registration provides Collier County with additional legal protection of its use of the
logos and phrases in ,advertising outside the state.
Pursuant to Section 8 of the Trademark Act, 15 U.S.C. § 1058, the County must now file a Declaration
of Continued Use for each of these service marks with the United States Patent & Trademark Office,
in order that the registrations shall continue in force for the remainder of the ten -year period from the
initial registration dates. The cost for this filing is $100.00 per Declaration.
TH
GROW MANAGEMENT IMPACT: None.
FISCAL IMPACT: The total cost associated with filing the Declarations is $200;00. Funds are
available in TDC Category B — Admin & Disaster Recovery Transfer Fund (194).
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a
majority vote. — CMG
ADVISORY 90AM RECOMMENDATION: This item will be presented to the Tourist
Development Council for approval at its regularly scheduled meeting on September 6, 2011.
RECOMMENDATION:
1. That the Board of. County Commissioners authorize staff to prepare and submit two
Declarations of Continued Use for the two service marks incorporating the phrases, `Naples Marco
Island Everglades Paradise Coast" and "Florida's Last Paradise ", with the United States Patent &
Trademark Office;
2. Approve the expenditure of funds as stated; and
3. Authorize the Chairman to execute the completed Declarations on behalf of Collier County
after approval by the County Attorney's Office.
PREPARED BY: Colleen M. Greene, Assistant County Attorney
07,00502049
Packet Page -3360-
9/13/2011 Item 16.K.5.
COLLIER COUNTY
Board of County Commissioners
Item Number 16.x.5.
Item Summary: Recommendation to authorize staff to prepare and submit Declarations
of Continued. Use to maintain service mark registrations with the United States Patent &
Trademark Office to preserve the County's advertising, logos, phrases and slogans.
Meeting Date:: 9/13/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
8/29/2011 11 :29:59 AM
Approved By
Name: WertJack
Title: Director Tourism,Tourism
Date: 8/29/20113:12:46 PM
Name GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 8/30/2011 8 :54 :27 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/30/2011 4:11:33 PM
Name: GreenwaldRandy
Title: ManagementJBudget Analyst,Office of Management & B
Date: 8/30/20114:59:43 PM
Name: SheffieldMichael
Title: Manager - Business Operations CMO
Date: 9/2/2011 11:14:19 A1vi
Packet Page - 3361
9/13/2011 Item 16.K.5.
Int. Cl.: 35
Prior U.S. Cls.: 100, 101 and 102
Reg. No. 3,056,948
United States Patent and Trademark Office Registered Feb. 7, 2006
SERVICE MARK
PRINCIPAL REGISTER
Naples Marco Island
Everglades
F A R A lO 1 S E CC O A S T
COLLIER COUNTY (FLORIDA POLITICAL SUB- NO CLAIM IS MADE TO THE EXCLUSIVE
DIVISION) RIGHT TO USE "NAPLES MARCO ISLAND EVER-
3301 TAMIAMI TRAIL EAST GLADES PARADISE COAST", APART FROM THE
NAPLES, FL 341124902 MARK AS SHOWN.
FOR: PROMOTING TOURISM SERVICES, NAME-
LY TOURISM IN SOUTHWEST FLORIDA, IN SER. NO. 76- 620,878, FILED 11 -17 -2004.
CLASS 35 (U.S. CLS. 100, 101 AND 102). 1
��.
DORITT L. CARROLL, EXAMINING ATTORNEY
FIRST USE 2 -1 -2004; IN COMMERCE 2 -1 -2004.
9/13/2011 Item 16.K.5.
Int. Cl.: 35 '
Prior U.S. Cis.: 100, 101 and 102
Reg. No. 3,064,880
United States Patent and Trademark Office Registered Mar. 7, 2006
SERVICE MARK
PRINCIPAL REGISTER
Florida's Last Paradise
COLLIER COUNTY (FLORIDA POLITICAL SUB- THE MARK CONSISTS OF STANDARD CHAR -
DIVISION) ACTERS WITHOUT CLAIM TO ANY PARTICULAR {
3301 TAMIAMI TRAIL EAST FONT, STYLE, SIZE, OR COLOR 1
NAPLES, FL 341124902
NO CLAIM IS MADE TO THE EXCLUSIVE
FOR: TOURISM SERVICES, NAMELY, PROMOT- RIGHT TO USE "FLORIDA'S LAST PARADISE ",
APART FROM THE MARK AS SHOWN.
ING TOURISM IN SOUTHWEST, FLORIDA, IN
CLASS 35 (U.S. CLS. 100, 101 AND 102). SER. NO. 76- 620,877, FILED I1 -17 -2004.
FIRST USE 2 -1 -2004; IN COMMERCE 2 -1 -2004. MICHAEL KAZAZIAN, EXAMINING ATTORNEY
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