Agenda 02/26/2013 Item #16F22/26/2013 16.F.2.
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 tourism related advertising, logos, phrases and slogans.
OBJECTIVE: 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 a logo
incorporating the phrase "Naples Marco Island Everglades Paradise Coast" to promote tourism in
Collier County. On January 10, 2007, the Collier County Tourism Department began the use in
advertisements of two logos incorporating the phrases, "Paradise Coast Blueway" and "Paradise Coast
Blueway The Collier County Paddling Trail." These logos were registered as service marks with the
United States Patent & Trademark Office on September 18, 2007 and January 20, 2008, respectively,
which has provided 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 three 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.
GROWTH MANAGEMENT UYIPACT: None.
FISCAL IlVIPACT: The total cost associated with filing the Declarations is $300.00. Funds for
this expenditure are budgeted in Tourist Development Council Operations Fund (194).
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a
majority vote. — CMG
ADVISORY BOARD RECOMMENDATION: This item and the expenditure of funds was
approved by the Tourist Development Council at its regularly scheduled meeting on January 28, 2013.
RECOMMENDATION:
1. That the Board of County Commissioners authorize staff to prepare and submit three
Declarations of Continued Use for the three service marks incorporating the phrases, "Naples Marco
Island Everglades Paradise Coast" and "Paradise Coast Blueway" and "Paradise Coast Blueway The
Collier County Paddling Trail ", 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
07.0050/2069
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2/26/2013 16. F.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.2.
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: 2/26/2013
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator,Tourism
2/7/2013 12:46:16 PM
Submitted by
Title: Director - Tourism,Tourism
Name: WertJack
2/7/2013 12:46:18 PM
Approved By
Name: WertJack
Title: Director - Tourism,Tourism
Date: 2/7/2013 1:56:24 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 2/7/2013 4:52:27 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 2/8/2013 10:42:05 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/14/2013 4:59:58 PM
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Name: OchsLeo
Title: County Manager
Date: 2/15/2013 11:46:12 AM
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2/26/2013 16.F.2.
i
2/26/2013 16. F.2.
Int. CL: 35
Prior U.S. Cls.: 100, 101 and 102
Reg. No. 3,292,551
United States Patent and Trademark Office Registered Sep. 18, 2007
SERVICE MARK
PRINCIPAL REGISTER
Naples
.Marco Island
Everglades
PARApt$E COAST
- OLLIER 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: TOURISM SERVICES, NAMELY, PROMOT-
ING TOURISM IN SOUTHWEST FLORIDA, IN SER. NO. 76- 620,879, FILED 11 -17 -2004.
CLASS 35 (U.S. CLS. 100, 101 AND 102).
FIRST USE 2 -1 -2004; IN COMMERCE 2 -1 -2004. TOM HICKEY, EXAMINING ATTORNEY
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2/26/2013 16. F.2.
Int. Cl.: 35
Prior U.S. Cls.: 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).
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.
FIRST USE 1 -10 -2007; IN COMMERCE 1 -10 -2007. ANNE MADDEN, EXAMINING ATTORNEY
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I - --
2/26/2013 16.F.2.
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, 2M
SERVICE MARK
PRINCIPAL REGISTER
am
PTHEOLLIER 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
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2/26/2013 16.F.2.
DECLARATION OF USE OF MARK IN COMMERCE UNDER § 8 (15 U.S.C. § 1058}
To the Commissioner for Trademarks -
<1KADEMARKNERVICE MARK INFORMATION>
<Mark>
<Registration Number>
;OWNER INFORMATION>
<Name>
<Street>
<City>
< State>
<Country>.
<Zip/Postal Code>
<DOMESTIC REPRESENTATIVE> -Re red ONLY i the owner's address is outside the United States —.
<Name> -is hereby appointed• the owner's representative
upon whom notice or process in the proceedings affecting the mark may be serve& -
<Street>
<City>
< State>
<Zip Code>
<VUODS AND /OR SERVICES INFORMATION>
<AI} Goods and/or Services in Existing Registrstion> —The owner is rising the mark in commerce on or in connection with
all goods and/or services listed in the existing registration, if not, list in the next section the goods and/or services to be del ion w
< Goods and/or Services Not in Use to be Deleted > In the following space, list only those goods and/or services (or entire
class(es)) appearing in the registration for which the owner is no longer using the mark in commerce. LEAVE THIS SPACE
BLANK IF THE OWNER IS USING THE MARY ON OR IN CONNEC77ON WITH ALL GOODS AND /OR SERVICES
LISTED IN THE REGISTRATION—
<FEE INFORMATION>
Seetian 8 Filing Fee -
$100.00 x -Number of Classes> _ < Filing Fee Due>-
-Grace Period Fee: lfftling during the six -month grace period enter j 8 Grace Period Fee-
$100.00 x < Number of Classes> = < Grace Period Fee Due>
ding Fee Due + Grace Period Fee Due- = <Total Fees Paid>
I' . v ram UW tKk:V a11W) 'U.S. DEPARI1NEKr OFCOMMERCFJPaau and Tmd..i OW.
0MaCaudNa0651- WW(EaP•'1nU 01) TAaeaw1"Ph aeubMWOWbOk=00CMMefmkvm0rm
mdmaauaedAslidOMBmmlbvadisPloW& .
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2/26/2013 161.2.
'I::brBW_IVJiM A.N.U.SR;NATUBE INFORMATION>
—The owner is using the mark in commerce on or in connection wit%t the goods /services identified above, as evidenced by the
attached specimen(s) showing the mark as cwrentiy used in commerce.
(You MUST ATTACH A• SPECIMEN showing the mark as currently used in commerce for at least one product or service
in each international class covered.)
The undersigned, being hereby warned tint wilful false stalarrients and Die Ike are punishable by fine or irnprison=K or both,
under 18 U.S.C. § 1001, and that such willful false statements and the hike may jeopardize the validity of this document, declares
that helshe is ,properly authorized to execute this document on behalf of the Owner, and all statements made of hisiber own
knowledge are true'and that all statements made on infomafion and belief are believed to be truer✓
— Signature --
<Date Signed>.
<Name>
<Title>
<CONTACT- INFORMATION>
<Name>
<Company/Firm Name>
<Street>
<City>
< State>
<Country>
<Zip/Postal Code>
<Telephone Number>
<Fax Number>
<e -Mail Address>
tf`7CDrrvrin9"0 A TLW 9"110 1•s a Tr VIkT rN,
1 u` JL%-, ! a. 9"J V.[ LY & a i %Y %cecommenava to avoid lateness due to mail delay .^ -
-I certify that the foregoing is being deposited with the United States Postal Service as first class mail, postage prepaid, in an
envelope addressed to the Commissioner for Trademarks, P.O. Boz 1451, Alexandria, VA 22313 -1451, on—
<Date of Deposit>
-- Signativre-
<Name> _
roved as to form & legal sufficiency
Colleen Greene,
assistant County Attorney
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