Branding: The Nuts and Bolts of Creating and Protecting a Company Logo
First published in the Hawaii Bar Journal (the official publication of the Hawaii State Bar Association), August 2016 Edition.
by Walter K. Coronel and Kelly K. Suzuka
In today’s globally connected and instant-media world, companies need to protect their intellectual property rights. When people hear the term “company branding,” the image of huge international corporations often comes to mind; however, the same rights apply to companies large and small, whether local or foreign. Effective branding improves company recognition and develops goodwill that can ultimately translate into financial value. This article discusses the nuts and bolts of how a company would protect its rights in its company logo.
I. Protecting Your Company Logo: The Distinction between Trademark and Copyright
What is a logo? The first step to protecting intellectual property (“IP”) rights is to understand what rights a company has and how they are acquired. From a trademark perspective, a logo is a design mark, i.e. a registered design that identifies the source of goods or services. However, from a copyright perspective, the image is a work of art fixed in a tangible medium. Acquiring rights to the image and protecting it as a design mark require analysis of the rights of at least these two bodies of law.
A. A Logo from an Artist’s Perspective
When a company seeks to have an employee or independent contractor prepare artwork for use as a company logo, it must acquire rights from the individual through some manner of transfer of copyright. The Copyright Act of 1976 (Title 17 of the United States Code) governs copyright protection in the United States. 17 U.S.C. §§ 101-180, et seq. (2016). This Act provides protection for “…original works of authorship fixed in any tangible medium of expression...” (id. at § 102) for which copyright protection extends to both published and unpublished works. Id. at §104. Under the Act, the individual who actually creates copyrightable work is considered the author of that work. This individual obtains copyright in that work as soon as it is “fixed in a tangible medium,” e.g. drawn, painted, or electronically created in software.1 Should a company casually ask an individual to prepare an image for a logo, it is entirely possible that the individual would acquire copyright to the artwork, to the detriment of the company.
B. A Logo from the Business Perspective
Once a company has an image that it would like to use as a design mark, it must perform clearance searching, as discussed later in this article, to determine whether the mark is already in use by another party before it can establish rights in the design mark under the body of trademark law. A trademark can be a word, phrase, symbol, design or non-traditional mark, but this article will focus on a design that serves to identify and distinguish the source of goods (or services) of one party from those of others.2 The starting point to obtaining trademark rights in a particular mark is to use the mark on goods or in connection with services for the company business. This is the “use in commerce” requirement. Even if the company creates a logo, if it is not actually used in commerce (i.e., placed on products that are sold or printed on signs for a company’s store) then no trademark rights will arise.3
II. Navigating the Creative Process: How to Acquire the Copyright in Your Logo
A. What’s the Difference? Company Employee vs. Independent Contractor
When creating the image for the company logo, company management must carefully consider how to acquire rights in the copyright to the image for the logo, and whether or not the artist is an independent contractor or employee. Consider that even when an executive creates the image for the company, he or she may be considered the artist, and may need to execute documentation transferring the copyright in the image to the company. The general rule is that the person who actually creates copyrightable work is considered the author of that work and obtains copyright rights in that work as soon as it is created in a fixed form.4
1. How Do I Get the Copyright? Work for Hire vs. Assignment
Where the artist is an employee, there may be a very important exception to the general rule that the artist is considered the author of the work through the “work for hire” doctrine. Section 101 of the Copyright Act defines a “work made for hire” as “(1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.” 17 U.S.C. § 101. If a work is “made for hire” the employer can be considered the author rather than the employee who actually created the work.5 An employee’s work-for-hire can be distinguished from that of an independent contractor in that the independent contractor must assign his or her copyright rights to another person or entity whereas the work-for-hire is automatically transferred. With respect to the work-for-hire, the employee or commissioned artist never had copyright rights to begin with. It is important to note this distinction in order to determine when a copyright assignment is necessary for a business to obtain copyright rights.
However, consider that a copyright assignment does not put the assignee in the exact same position as in the work-for-hire. 17 U.S.C. § 203(a)(3) provides that all licenses or transfers (e.g., assignments) of copyrights executed by the author on or after January 1, 1978 are terminable by the author (or his heirs) at a certain point in the life of the copyright (i.e., between thirty-five and forty years after the date of the transfer). 17 U.S.C. § 203(a)(3) (2016). The reason for this termination provision is that Congress intended to protect authors against permanent assignments of rights before the true worth of the work is established. H.R. Rep. 94-1476 at 124. Company management should be aware of this potential termination power by artists who are hired as independent contractors and assign the design copyright to the company.
2. What’s Wrong with My Logo? Importance of an Original Work of Authorship
Before the employees or independent artists are set to work, company management should note that not all works that are created are protected by copyright. The worst scenario for a business is to waste time and money creating a logo that cannot be protected under copyright law in the first place. As noted above, only “original works of authorship” enjoy copyright protection. For example the following categories of material are generally not eligible for copyright protection: (1) works that have not been fixed in a tangible form of expression (for example, performances that have not been written or recorded); (2) titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents; (3) ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration; (4) works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources).6 Accordingly, part of the originality requirement is that there must be some level of creativity involved so as to distinguish the work from preexisting works. However, company management should not be too concerned as the amount of creativity required has been held to be quite low. For example, in Alfred Bell Co. v. Catalda Fine Arts, 191 F.2d 99, 102 (2d. Cir. 1951), the court stated that, “[a]ll that is needed to satisfy both the Constitution and the [copyright] statute is that the ‘author’ contribute[ ] something more than a ‘merely trivial’ variation, something recognizably his own.”
3. What Do You Mean My Copyright is Gone! Completing the Assignment
Congratulations! The artists have finished designing the amazing company logo after a long wait. The company starts producing products with the new logo and is stunned when the company gets a notice of copyright infringement. How can that be? The company paid those artists who designed the logo, what’s the problem? One pitfall that companies can run into is that they do not record the assignment of copyright in a signed writing by the artist. Often times company management will assume that by paying the artist for the work there is an understanding that the work belongs to the company. While that may be the understanding of the parties, a court will look for a written and signed assignment of copyright in order to find that the copyright was in fact transferred. For example in Gladwell Government Services, Inc. v. County of Marin, 265 Fed. Appx. 624 (2008), the Ninth Circuit found that the work-for-hire agreement did not transfer the author’s copyright interest in his pre-existing works. Id. at 626. The court noted that a transfer of a copyright interest must be made expressly in a signed writing. Accordingly because there was no express written agreement to assign the copyright to pre-existing materials, the copyright remained with the author regardless of the intention of the parties. Similarly in Siniouguine v. Mediachase Ltd., 2012 WL 2317364, the parties intended to create a work-for-hire agreement with the following language:
Company [Mediachase] shall own all the results and proceeds of Artist's [Siniouguine's] services hereunder, and all materials produced thereby and/or suggested or furnished by Artist, of any kind and nature whatsoever (collectively, “Results”), and all rights therein (including without limitation, all copyrights and copyright renewals and extensions), as a “work-made-for-hire” specially ordered or commissioned by Company, in perpetuity throughout the universe. If under applicable law the foregoing is not effective to place authorship and ownership of the Results and all rights therein in Company, then to the fullest extent allowed and for the full term of protection otherwise accorded under applicable law, Artist hereby assigns all right, title and interest in the Results throughout the universe in perpetuity. Id. at 1 (emphasis added).
However in this case, the court found that even if the Artist could be considered the author of the works (i.e., the work-for-hire arrangement was not upheld) the Artist had clearly transferred the copyright to the works in a signed writing. Id. at 6. In contrast to the Gladwell case, in Mediachase the parties included an express written assignment of copyright within the work-for-hire agreement. These two cases emphasize that an assignment of copyright must be made expressly in a signed writing even if there is also a work-for-hire arrangement. If the work-for-hire arrangement is upheld, then the assignment language may not be necessary. However, if for some reason one of the elements for a work-for-hire situation is not present and the work-for-hire arrangement is not upheld, only a written and signed assignment of copyright can effectively give the commissioning employer the copyright to the work.
4. Navigating the Work For Hire Doctrine
When a company uses its own employees to design the company logo, the work for hire doctrine can automatically give the commissioning employer copyright rights to the design. The key for company management is to make sure that the employment situation meets the requirements of the work for hire doctrine. The general presumption is that where a work is produced at the instance and expense of another party, the court may presume that it is a work-for-hire and the copyright lies with the commissioning party. For example, in Twentieth Century Fox Film Corp v. Entertainment Distributing, 429 F.3d 869 (2005), the Ninth Circuit found that the author of a book wrote a book as a work for hire and reaffirmed the rule that an independent contractor creates a work for hire when it was made at the instance and expense of the commissioning party. The court described the “instance” test as an inquiry into whether the “motivating factor in producing the work was the employer who induced the creation.” Id. at 879. In this case the court noted that the author had historically refused to engage in the creative process but had suddenly begun to write “voraciously” after being persuaded by a publisher. In addition, the publisher maintained significant supervisory powers over the author’s work. Under those facts, the court found that the motivating factor for producing the work was the publisher-employer’s inducement. With regard to the second part of the test, expense, the court found that there was “little doubt” that the book was authored at the publisher’s expense. Id. at 881. The publisher carried the expense for the entire staff who assisted the author in drafting the manuscript and the costs to produce the maps and photographs that were included in the book and took on all the financial risks of the book by paying the author a lump sum rather than a royalty deal. Accordingly, the court applied the presumption that where a work is produced at the instance and expense of another party, the court may presume that it is a work-for-hire and the copyright lies with the commissioning party. That presumption can be rebutted with evidence of an agreement by which the employee or independent contractor retained the copyright in his work, but the court did not find the evidence sufficient to rebut the presumption in this case. Id. at 882.7
III. Protecting the Rights in Your Company Logo
A. Why Should I Register My Logo?
Company management should consider registering any copyrights even though registration with the Copyright Office is voluntary. An author has copyright protection as soon as the work is created and fixed in a tangible form regardless of whether the author ever registers with the Copyright Office. However, there are several reasons why registration is important from a business perspective. First, registration puts a copyright on the public record and the author receives a certificate of registration.8 Second, registration is required if a company wanted to bring a lawsuit for copyright infringement of the company’s work. In addition, registered works may be eligible for statutory damages and attorney’s fees in successful litigation. Finally, if a company registers within five years of publishing its work, it can be considered prima facie evidence in a court of law. 17 U.S.C. §§ 408-412 governs the registration of copyrights. 17 U.S.C. §§ 408-412 (2016).
B. Why Can’t I Register My Logo?
For a business creating a company logo it is important to consider that not every mark is registrable with the United States Patent and Trademark Office (USPTO). Many businesses spend valuable time and money designing something that can never be protected under federal registration. One of the most common reasons that the USPTO may refuse registration is a “likelihood of confusion” between the mark of the applicant and a mark already registered or a mark already applied for in a pending application. See Trademark Facts. Therefore before attempting to register a company logo, the company should search the available trademark databases to see if there are any marks “confusingly similar” to its own.
1. What am I Looking For? “Confusingly Similar”
The USPTO has determined that a likelihood of confusion exists when both (1) the marks are similar, and (2) the goods and/or services of the parties are related such that consumers would mistakenly believe that they come from the same source. Id. at 3. The marks do not have to be identical for the USPTO to find a likelihood of confusion. “When marks sound alike when spoken, are visually similar, have the same meaning (even if in translation), and/or create the same general commercial impression in the consuming public’s mind, the marks may be considered confusingly similar. Similarity in sound, appearance, and/or meaning may be sufficient to support a finding of likelihood of confusion, depending on the relatedness of the goods and/or services.” Id. at 4. The ‘goods and services’ that the USPTO looks at are the products or businesses the company tell the USPTO the company plans to use the mark within its trademark application. In order to find “relatedness” between goods or services, the goods or services of the application do not have to be identical with the existing registration. Id. at 5. The question is whether the goods or services are related in such a manner that consumers are likely to mistakenly assume that they come from the same source. However, ultimately each application is decided on its own facts and there is no “mechanically applied” test used to determine whether two marks are confusingly similar. Therefore, it is important to conduct a trademark search in the jurisdiction a company plans to register in, to determine whether the mark is likely to cause confusion with another mark.
2. Where Should I Look?
- State (DCCA book): In Hawaii, the Department of Commerce and Consumer Affairs (DCCA) handles trademark registrations.9 The DCCA suggests checking the following sources for trademark use: (1) the current and previous telephone directories of the cities and counties of Oahu, Hawaii, Maui, and Kauai in both the white and yellow pages; (2) the Hawaii State Department of Taxation (check whether a general excise tax license was issued under a similar name); (3) Polk’s City Directories for Honolulu and the counties of Hawaii, Maui, and Kauai (these directories usually contain almost all businesses that operate within the state); (4) the USPTO TESS database; (5) Private companies which conduct trade name, trademark and service mark searches; (6) state and county agencies with which the businesses are interested in might have to register such as the Liquor Commission; (7) Trade bureaus and associations (i.e.: the Hawaii Restaurant Association, the Hawaii Farm Bureau Federation etc . . . ); (8) Wholesale and retail firms with which competitors would probably be dealing.10
- Federal (USPTO site): The USPTO has a free online search system, “TESS” (Trademark Electronic Search System). See Trademark Facts at 9. The TESS database includes federal trademark application and registrations.
- International: The World Intellectual Property Organization (WIPO) has an online database “ROMARIN” that includes all Madrid system marks currently in force, those which have expired within the last six months, and those still under examination.11 The Madrid Protocol is explained in further detail below in section (b)(iii).
- Third Party Searchers: There are third party companies that can search and monitor state, federal or international trademark databases for marks that are similar to its own. These companies can generate reports and send notifications to the company when they find relevant marks. Such a monitoring service can be useful and alleviates the need to constantly check the USTPO, DCCA or ROMARIN databases for new marks.
C. How Do I Register My Logo?
A copyright can be registered with the United States Copyright Office through and online or paper application.12 An application for copyright registration contains three main elements: (1) a completed application form; (2) a nonrefundable filing fee, and (3) a nonreturnable deposit: a copy or copies of the work being registered and ‘deposited’ with the Copyright Office.
i. What Does a State Registration Give Me?
For companies that do business within a single state, a state registration would be a good place to register the company logo. A state registration generally prevents later users from registering a confusingly similar trademark within the state of registration. Haw. Rev. Stat. §482-22 (2016). In addition a state registration puts other users on notice that they are using a particular trademark. A state registration however, only provides protection within the state of Hawaii. If a company does business in multiple states, a federal registration may be better suited. Generally state registrations are cheaper than federal registrations and the process is easier to navigate.
ii. How Do I Get a State Registration?
In Hawaii, the DCCA allows paper or online application for a trademark registration. The application requires companies to describe the trademark, list the goods in connection with which the trademark is used, and state the mode or manner in which the trademark is used on or in connection with the listed goods.13 Companies will also need to choose a classification for their trademark; Hawaii has 34 different classifications. Finally companies will need to know the date the trademark was first used anywhere and the date the mark was first used in Hawaii. These dates can be the same. Along with actual application, the company will need to submit “specimens of use.” A specimen is an actual example of how a company is using the mark in commerce on or in connection with the identified goods. For example: (1) the tag or label for the goods, (2) the container/packaging for the goods, (3) the display associated with the goods, or (4) a photograph of the goods that shows use of the mark on the goods. A key point to note is that an example of use is not the same as a drawing of the mark. A drawing of the mark merely shows what a company is claiming as its trademark. The specimen shows how the company is using the trademark. A specimen is necessary because, as discussed above, trademark rights arise out of use of the mark in commerce.
i. What Does a Federal Registration Give Me?
Registration of a mark is not required to obtain trademark rights. Companies can obtain “common law” rights in a mark by using the mark in commerce.14 For businesses planning to use a trademark as a company logo, actual registration is generally recommended. There are several advantages to obtaining a federal trademark registration: (1) a legal presumption of ownership of the mark and a company’s exclusive right to use the mark nationwide on or in connection with the goods or services listed in the registration (common law rights exist only for the area the mark is actually used); (2) public notice of a claim of ownership of the mark; (3) listing in the USPTO’s online databases; (4) the ability to record the United States registration with United States Customs and Border Protection to prevent importation of infringing foreign goods; (5) the right to use the federal registration symbol “®”; (6) the ability to bring an action concerning the mark in federal court; and (7) the use of the United States registration as a basis to obtain registration in foreign countries as discussed further below.
ii. How Do I Get a Federal Registration?
A company can file an application for trademark registration online or on a paper application. See Trademark Facts at 12. Similar to the state application, an applicant will need to provide a description and drawing of the mark, information about goods or services and possibly a specimen of use. On the federal level, there are two options for filing an application: 1) use in commerce; 2) intent to use. Id. at 20. The difference between the two bases is whether an applicant has already used the mark in commerce in connection with all the goods or services listed in the application. If an applicant has already begun using the mark, the second applicant may file under “use in commerce.” If an applicant intends to use the mark in the future but has not done so yet, the applicant must file under the “intent to use” basis. For a “use in commerce” application the applicant will need to provide the dates of first use and use in commerce and a specimen of use. Under either basis, an applicant will need to demonstrate that it has used the mark in commerce in connection with all the goods or services listed in the application prior to registration. After the application is complete, the application will be examined by an examining attorney. The attorney may issue “Office action” letters explaining the reasons for a refusal to register. Id. at 25. If the applicant receives an Office action, it must respond within six months of the issue date of the Office action. If all issues are resolved, the examining attorney will approve the mark for publication in the “Official Gazette” and send the applicant a Notice of Publication with the publication date. After publication, there is a thirty day “opposition period” where the public may object to registration of the mark by filing an opposition. If the opposition is successfully resolved or there is no opposition, the USPTO will issue a registration certificate for a use-in-commerce application or a Notice of Allowance for an intent-to-use application. After a Notice of Allowance, an applicant six months to submit a “Statement of Use” showing use of its mark in commerce or a request for an extension of time. Id. at 26.
i. What Does an International Registration Give Me?
For companies that do business abroad, an international registration might be a good investment. International registrations are territorial. This means that a registration granted for a particular country will give logo protection in that particular country but not on a world-wide basis. Therefore, company management should consider the future business plans of the company and try to map out the countries to which trademark use might extend. A grant of protection to a mark by a trademark office of a Madrid Protocol member nation has exactly the same legal effect as a registration resulting from an application made directly with that trademark office. Id. at A.3.
ii. How Do I Get an International Registration?
1. Madrid Protocol
The first option to obtain international protection for a company logo is through the Madrid Protocol. The Madrid Protocol is an international treaty that allows a trademark owner to seek registration in any of the countries that have joined the Madrid Protocol by filing a single application, called an “international application.”15 The International Bureau of the World Intellectual Property Organization (WIPO), in Geneva, Switzerland administers the international registration system. The resulting “international registration” serves as a means for seeking protection in treaty member countries (“Contracting Parties”), each of which apply their own rules and laws to determine whether or not the mark may be protected in their jurisdiction. The Madrid Protocol does not provide for registration of an “internationally effective” trademark which is automatically effective or enforceable in all Protocol nations. Rather it makes the registration and upkeep of registration in each trademark office of member nations much easier. The main advantage of the Madrid Protocol is that it allows a United States applicant to file one trademark application in the USPTO and designate, in one form filed in the USPTO in English using United States currency paid to the USPTO, an extension of the application for registration and protection of the mark in any one or more of the Protocol member countries. The international application must be filed through the USPTO. To file an international application, an applicant must have a United States application, called a “basic application” or a United States registration, called a “basic registration.” The international application may be based on more than one USPTO application or registration provided the mark and the owner are the same for each basic application and/or registration. The USPTO must certify that certain information in the international application is the same as the information contained in the basic application or registration. The USPTO then forwards the international application to the International Bureau. The International Bureau will review the international application to determine whether it meets the Madrid Protocol filing requirements.16 If the requirements are met and the fees paid, the International Bureau will then register the mark, publish it in the WIPO Gazette of International Marks, send a certificate to the international applicant, now called “holder of the international registration”, and notify the trademark offices of the Contracting Parties designated in the international application; the countries in which the applicant would like to seek trademark protection. Each designated Contracting Party will then examine the request for an “extension of protection” the same as it would a national application under its laws.17 If the application meets the requirements for registration of that country, then the Contracting Party will grant protection of the mark in its country.
2. Direct Filing
The second option to obtain international protection is to directly file with the trademark office of a particular country. However doing so would require the help of local counsel and the payment of a separate fee to that country’s trademark office.18
IV. How Do I Maintain Right in My Logo?
Once a company obtains protection for its company logo, it is important that someone at the company is keeping track of the requirements and timeline for maintaining that protection. Once a company gets a registration for that logo, the process does not end. The company will need to keep up with the different requirements of each type of registration as long as it wants protection for its logo.
A state trademark registration is effective for five years. Haw. Rev. Stat. § 482-25(a). A registration may be renewed for successive periods of five years by filing a renewal application within six months prior to the expiration of the current term and paying the appropriate renewal fee.
Owners of a federal trademark registration must file a “Declaration of Use and/or Excusable Nonuse under § 8” of the Trademark Act between the 5th and 6th years after the registration date of the trademark (“Section 8 declaration”).19 A Section 8 declaration is a signed declaration by the trademark owner that (1) the trademark is in use in commerce with the goods or services listed in the registration; or (2) the trademark is not in use in commerce due to special circumstances constituting excusable nonuse.20 Between the 9th and 10th years after registration, owners must file a “Declaration of Use and/or Excusable Nonuse and an Application for Renewal under §§ 8 and 9” of the Trademark Act (“Section 8 and 9 filing”). This second form must be filed between every 9th and 10th year period thereafter, calculated from the registration date; essentially a registration must be renewed every ten years. The USPTO combines the Section 8 declaration with a Section 9 renewal application requesting to keep the registration active. It is very important to file these documents within the prescribed time frames. A failure to do so could lead to cancellation of the registration.21
1. Madrid Protocol
An international registration lasts for ten years from the date of registration and may be renewed for additional ten-year periods by paying a renewal fee to the International Bureau.22
2. Direct Filing
Each country has its own procedures for maintaining a trademark registration. A company will have to check with the individual office to determine the deadlines and fees for maintenance.
1 WORKS MADE FOR HIRE (http://www.copyright.gov/circs/circ09.pdf ) (hereinafter “Copyright Facts”).
2 PROTECTING YOUR TRADEMARK: ENHANCING YOUR RIGHTS THROUGH FEDERAL REGISTRATION (http://www.uspto.gov/sites/default/files/BasicFacts.pdf) (hereinafter “Trademark Facts”).
3 Please note that trademarks rights are territorial and can be registered in overlapping jurisdictions, e. g. marks are registerable on the state level and on the federal level. 15 U.S.C. §1052 (Section 2 of the Lanham Act) governs what kind of marks are registrable as trademarks on the federal level. Chapter 483 of the Hawaii Revised Statutes (“HRS”) governs the registration and protection of trademarks, service marks and trade names on the state level. Section §482-21 lays out the kinds of trademarks that are registrable under Hawaii law. The restrictions on types of marks that are registrable under Hawaii law substantially mirror the federal statute.
4 See Copyright Facts.
5 See Copyright Facts.
6 See Copyright Facts.
7 Id. at 882.
8 COPYRIGHT IN GENERAL (http://www.copyright.gov/help/faq/faq-general.html#protect).
9 DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS (http://cca.hawaii.gov/breg/registration/trade/ ).
10 BEFORE YOU APPLY FOR A TRADE NAME, TRADEMARK OR SERVICE MARK (http://files.hawaii.gov/dcca/breg/registration/forms/TN-INFO.pdf).
11 ROMARIN-INTERNATIONAL TRADEMARK SEARCH (http://www.wipo.int/madrid/en/romarin/).
12 REGISTERING A COPYRIGHT WITH THE U.S. COPYRIGHT OFFICE (http://www.copyright.gov/fls/sl35.pdf).
13 APPLICATION FOR REGISTRATION OF TRADEMARK (http://cca.hawaii.gov/breg/files/2013/05/T-2-12-2015.pdf).
14 Id. at 11.
15 HOW THE MADRID SYSTEM WORKS (http://www.wipo.int/madrid/en/how_madrid_works.html).
16 GUIDE TO THE INTERNATIONAL REGISTRATION OF MARKs at A.3 (http://www.wipo.int/export/sites/www/madrid/en/guide/pdf/parta.pdf) (hereinafter “Guide To International Registration).
17 Id. at A.3.
18 Id. at A.4.
19 KEEPING YOUR REGISTRATION ALIVE (http://www.uspto.gov/trademarks-maintaining-trademark-registration/keeping-your-registration-alive).
20 DEFINITIONS FOR MAINTAINING A TRADEMARK REGISTRATION (http://www.uspto.gov/trademarks-maintaining-trademark-registration/forms-file/definitions-maintaining-trademark#Section 8).
21 POST-REGISTRATION FAQS (http://www.uspto.gov/trademarks-maintaining-trademark-registration/post-registration-faqs#161980).
22 GUIDE TO THE INTERNATIONAL REGISTRATION OF MARKs at A.3.