This document summarizes a presentation on protecting agri-businesses through proper use of contracts, trademarks, and non-disclosure agreements. The presentation focuses on non-disclosure agreements, covering their applicability, types, anatomy, provisions, and practical pointers. It discusses key elements of NDAs including defining confidential information, permitted use, exceptions, security measures, breach notification, ownership, and dispute resolution. The summary provides examples of language that could be used for various NDA clauses. Overall, the presentation aims to help agri-businesses and farms properly utilize NDAs to maintain confidentiality of sensitive business information.

1. Protecting the Agri-Business:
Managing Contracts, Trademarks and
Non-Disclosure Agreements
Fifth Annual Ohio Agricultural Law
Symposium
June 24, 2013
By Cari B. Rincker, Esq.

2. Who I Am
• Food and agriculture law
practice in New York
• Chair of the ABA, General
Practice, Solo & Small
Firm Division’s Agriculture
Law Committee
• Client bases ranges from
livestock producers & food
entrepreneurs to mid-size
agri-businesses

3. Overview
• Confidentiality and
Non-Disclosure
Agreements
• Contract management
• Trademarks and other
Intellectual Property
Concerns

4. Non-Disclosure Agreements (“NDA’s”)

5. Non-Disclosure Agreements
• Applicability
• Types of NDA’s
• Anatomy of an NDA
• Alternative Provisions
• Maintaining Records
• Practical Pointers

6. Applicability
2 Common Situations:
– When a farm or agri-
business is entering into
business discussions with
another party
– When a farm or agri-
business wants to bind its
employees or independent
contractors to maintain
confidentiality

7. Is it a One-Way or Two-Way Street?
2 Types:
– Mutual or Bilateral
• Most NDA’s are bilateral –
business discussions are
usually a two-way street
– One-sided or Unilateral
• NDA’s with employees and
independent contracts are
usually unilateral

8. Anatomy of an NDA
• The following broad issues
should be addressed:
– Who will be exchanging
confidential information?
– What is the purpose of the
exchange of confidential
information?
– What type of information is to
be considered “confidential” for
protection under the NDA?
– How can this confidential
information be used and by
whom?

9. Anatomy of an NDA
• The following broad issues
should be addressed:
– How will the secrecy of the
confidential information be
maintained?
– How long will the
confidentiality of the
information be maintained?
– What are the consequences
of a breach or misuse of the
confidential information?

10. Anatomy of an NDA
Contact Information
– The NDA should use the
parties’ legal name,
address, and state of
incorporation (if
appropriate).
• It may be prudent to ask the
other party for a Certificate
of Good Standing from its
Department of State.
• Should it include the
SSN/FEIN of each party?

11. Anatomy of an NDA
Purpose of the NDA
– The purpose of the NDA
should be properly
identified to help narrow
what information is to
be considered
confidential.
– The NDA should state
that usage of
confidential information
should be limited to this
purpose.

12. Example Purpose Clause
The Receiving Party has shown interest in the
__________ [farm/agri-business] processes of
the Disclosing Party, and in the Disclosing Party’s
ability to utilize these processes to meet the
commercial needs of the Receiving Party (the
“Purpose”).

13. Example Purpose Clause
WHEREAS, [Farm/Agri-Business Client] and
Company wish to exchange information of a
proprietary and confidential nature relating to
the business of [Farm/Agri-Business Client] and
Company’s current and future products and
product plans (collectively the “Confidential
Information”) for the purpose of determining
the usefulness of the [Farm/Agri-Business
Client] products to Company (the “Purpose”).

14. Anatomy of an NDA
Depending on the
Purpose of the NDA, it
should state that there
is no obligation to enter
into business
relationship which they
are exploring.

15. Example Provision
Mutual Obligations. Neither Party shall
assign this Agreement without the prior
written permission of the other Party.
Neither Party shall have the obligation to
purchase from or furnish to the other Party
any products or services under this
Agreement.

16. Anatomy of an NDA
Permitted Parties
– Who may or may not be privy
to any disclosed confidential
information should be clearly
identified.
– This may include employees
and independent contractors
on a “need to know” basis so
long as they are bound by
written agreement to
maintain confidentiality.

17. Anatomy of an NDA
Permitted Use
– NDA should state the
permitted use to ensure
Confidential Information is
limited to this use
• Important to have an
affirmative obligation not to
disclose the discloser’s
confidential information
except for the use
• Usually restricted to
employees and advisors on a
“need to know” basis for the
defined purpose of the NDA

18. Examples “Permitted Parties” Clause
Upon receiving Confidential Information from the Disclosing Party, the Recipient shall
limit its use of the Disclosing Party's Confidential Information to the Permitted
Purpose, and permit the Disclosing Party's Confidential Information to be viewed and
used only by Permitted Parties for Permitted Purposes.
(a) “Permitted Parties” means:
(i) those of Recipient's employees and consultants;
(A) who are directly involved in the Recipient's use of the Disclosing Party's
Confidential Information;
(B) who have been advised of the Recipient's obligations of confidence in
respect of the Disclosing Party's Confidential Information; and
(C) who have agreed in writing to honor personally those obligations of
confidence.
(ii) the Recipient's professional advisors who have by their profession a duty of
confidence, or who agree in writing to hold the Confidential Information in
confidence

19. Example “Permitted Use” Clause
The Parties agree to hold the other's
Confidential Information in trust and not to
make each other's Confidential Information
available in any form to any third party or to
use each other's Confidential Information
for any purpose, other than in connection
with the performance of this Agreement.

20. Example “Permitted Use” Clause
Upon receiving Confidential Information from
the Disclosing Party, the Recipient shall limit
its use of the Disclosing Party's Confidential
Information to the Permitted Purpose.

21. Example Clause
Obligations of the Receiving Party. Except as set forth
hereto, Receiving Party agrees that it shall:
(a) not publish, copy, or disclose any Confidential
Information other to disclose said Confidential
Information to third parties except the Receiving Party’s
employees and independent contractors that need to
know in order to use and/or evaluate the Confidential
Information for the Purpose and are bound by a written
agreement with the Receiving Party not to disclose any
Confidential Information that comes into their possession
through their employment or independent contractor
agreement.

22. Anatomy of an NDA
Identification of
Confidential Information
– Special attention should
be made to how
“Confidential
Information” is defined
in the NDA to ensure it
properly includes every
possible disclosure.
– This may include ideas,
concepts, know-how,
trade secrets,
intellectual property,
business plans and
financial information.

23. Anatomy of an NDA
Identification of
Confidential Information.
– Keep in mind that
disclosures may be either
written or oral; thus, the
NDA should state how the
Confidential Information
will be identified in either
form.
– Some NDA’s require
written confirmation
within thirty (30) days
after oral disclosure.

24. Example Definition of
“Confidential Information”
Confidential Information. For the purposes of this Agreement,
Confidential Information shall mean any information communicated,
whether written or verbal, disclosed by the disclosing party, its
affiliates, employees or agents (the “Disclosing Party”) to the other
Party, its affiliates, employees or agents (the “Receiving Party”),
pertaining to or regarding the services or business or business plans,
financial condition, sales, research, strategies, products,
developments, methodologies, techniques, processes, plans,
customers, distributors, suppliers, properties, operations, prospect
lists, trade secrets, proposed trade names, know-how, ideas,
,concepts, designs, drawings, flow charts, diagrams and other
intellectual property relating to the Purpose furnished and identified
as being confidential by the Disclosing Party to the Receiving Party.
Disclosing Party shall identify Confidential Information verbally when
in discussion and in written form when exchanging documents.

25. Example Definition of
“Confidential Information”
For purposes of this Agreement, “Confidential
Information” means nonpublic ideas, discoveries,
designs, trade secrets, technology, product
information, specifications, software, business and
marketing plans, business methods, cost
information, forecasts, customer information,
supplier information and other business
information of or relating to the Disclosing Party
and shall include all notes, analyses, compilations,
studies, or other material prepared by the Receiving
Party.

26. Anatomy of an NDA
Exceptions (or “Carve Outs”). Typical exceptions
to confidentiality include the following:
– if known prior to the date of disclosure,
– is in the public domain,
– was lawfully communicated to the recipient by a
third-party,
– was independently developed by employees,
– written release by the disclosing party, and
– when the law requires disclosure (e.g., court order
or subpoena) allowing the disclosing party
reasonable notice to obtain a protective order.

27. Example “Carve Outs” Provision
When Receiving Party Has No Obligations of Confidentiality. Not withstanding the foregoing, the Disclosing Party
agrees that the Receiving Party shall have no obligations for the non-use or concealment of Confidential Information
when said Confidential Information:
(a) was known by the Receiving Party free of any obligation of confidence prior to the date of such disclosure as
evidenced by the Receiving Party’s written records and Receiving Party promptly notifies Disclosing Party in writing
identifying said written records;
(b) was in the public domain, and reasonably known to have been public, prior to the time that it was received;
(c) becomes reasonably known to the public subsequent to the date it was received not through an act or failure to
act on the part of the Receiving Party;
(d) was rightfully communicated by a third party to the Receiving Party having a bona fide right to disclose
Confidential Information subsequent to the time of the Disclosing Party’s written or verbal communication to the
Receiving Party;
(e) was developed by employees or agents of a Party independently of and without reference to any Confidential
Information or other information that the Disclosing Party has communicated in confidence to the Receiving Party;
(f) is approved for release by written authorization from the Disclosing Party; or,
(g) is disclosed pursuant to an order of any court having proper jurisdiction or as required by any agency of
government having proper jurisdiction, under its applicable laws and regulations and Receiving Party gives Disclosing
Party written advance notice of any disclosure or planned disclosure in order to permit Disclosing Party to make
objections to the disclosure.

28. Anatomy of an NDA
Security
– The parties to a NDA
should take reasonable
safeguards to protect the
Confidential Information.
– The other party should
be promptly notified in
writing if there has been
a breach of
confidentiality.

29. Example “Security” Clause
Each party shall ensure that the other party's
Confidential Information is not disclosed or
distributed by its employees or agents in breach
of this Agreement.

30. Example “Security” Clause
Obligations of the Receiving Party. Except as set forth hereto, Receiving Party agrees that it shall:
* * *
(b) limit its use of the Confidential Information to the Purpose unless it obtains the prior written
consent of the other Party to any other use;
(c) take all steps reasonably necessary to prevent the disclosure of Confidential Information to third
parties for the Time Period defined in Paragraph X, but in any event exercising not less than the level of
care exercised to safeguard its own confidential information or the standard in the community;
(d) not make copies of any of the Confidential Information received by it in writing from the Disclosing
Party and shall return promptly to the Disclosing Party, upon its request, any and all of the Confidential
Information, including, but not limited to, writings, software or other documents furnished under oath
or in connection with this Agreement;
(e) not remove any propriety, copyright, or trade secret from any form of the Confidential Information;
and,
(f) not use nor exploit for commercial or non-commercial use any of the Discloser’s Information except
as expressly authorized in writing by the Disclosing Party.

31. Anatomy of an NDA
Notification of Breach
of Security
– Receiving Party should
disclose any breach of
security to Disclosing
Party

32. Example “Notification of Breach” Clause
The Recipient shall notify the Disclosing Party
immediately upon discovery of any loss,
unauthorized disclosure or use of the Disclosing
Party's confidential information attributable to
the Recipient.

33. Example “Notification” Clause
The Recipient shall notify the Disclosing Party promptly
upon the discovery that any of the Disclosing Party's
Confidential Information has been, or is reasonably
believed to have been, or there is a reasonable likelihood
that it will be accessed or otherwise acquired by an
unauthorized person and there is a reasonable risk that
such information has been or will be misused.
“Promptness” for the notification shall depend on the
nature of the loss or unauthorized access and the nature
of the information lost or accessed as well as the severity
of the loss or harm that the Disclosing Party could suffer
as a result of such a loss or misuse.

34. Anatomy of an NDA
Term
– A typical term for NDA’s
in the business
community is three to
five years.
– Please note that some
NDA’s measure this term
from the date of
disclosure

35. Example Term Clause
The parties agree to hold each other's
Confidential Information in the strictest
confidence during the term and for a
period of three (3) years after the
Effective Date of this Agreement (the
“Term”).

36. Anatomy of an NDA
Procedures Upon
Termination.
– The NDA should discuss
how confidential
information should be
treated at the end of the
term.
• For example, should the
recipient return copies or
destroy all written
materials?
• May the recipient maintain
a copy of all written
materials?

37. Example Clause
At the written request of the Disclosing Party,
the Receiving Party shall return all Confidential
Information, except for a single copy thereof
which may be retained for the sole purpose of
determining the scope of the obligations of the
Receiving Party.

38. Anatomy of an NDA
Ownership
– It is paramount that the
NDA state that the disclosing
party retains ownership to
the Confidential
Information.
– Some NDA’s include a
“feedback exception”
identifying ownership of all
suggestions made during
business negotiation

39. Example Ownership Clause
Rights of the Disclosing Party. Disclosing Party
shall retain title to all forms of its Confidential
Information, including but not limited to, written
documentation disclosed for the Purpose of this
Agreement and all copies thereof. It is understood
that the Disclosing Party has not construed to grant
or to convey to the Receiving Party, expressly or
impliedly, any right or license or any other right
under any copyrights, patents or patent
applications or any other proprietary right of the
Disclosing Party of the Confidential Information.

40. Anatomy of an NDA
Relationship of the
Parties
– The NDA should note
the relationship
between the parties.
– For example, it should
likely state that the
parties are not in a
joint venture, agency
or partnership.

41. Example Clause
No Joint Venture. The Parties have no intent whatsoever
to create a joint venture, partnership or other formal
business association. The Parties are not part of, and
expressly disclaim the existence of, any enterprise, trade
or venture over which they share mutual ownership,
control or profit, or otherwise derive a common benefit.
Neither Party has the right or responsibility to assume or
create any debts or obligations, express or implied, on
behalf of or in the name of the other party, or to bind the
other party in any manner whatsoever. Neither Party will
claim the existence of any such joint venture, partnership,
or other formal business association as a result of this
Agreement.

42. Anatomy of an NDA
How Disputes Will be
Settled
– The NDA should
address how a
dispute will be
settled, under what
state’s law, and
whether attorneys’
fees and costs can be
recovered for a
prevailing party.

43. Anatomy of an NDA
How Disputes Will be
Settled
– The NDA should
memorialize any
preferences towards
Alternative Dispute
Resolution (“ADR”)
including mediation or
arbitration.
– If the parties wish to
litigate a dispute or
emergency, the NDA
should identify which
state’s courts may be
used.

44. Anatomy of an NDA
Miscellaneous Provisions
– Prohibition of Assignment
– Waiver Clause
– Severability Clause – If court
holds one clause invalid the
remaining NDA will be valid
– Integration Clause - Is it the
“Entire Agreement” and
supersedes all prior
agreements?
– Will it be signed in
counterparts via fax?

45. Alternative Provisions
Residual Memory Clause
– Gives Receiving Party the right to use any
Confidential Information retained in the unaided
memories of their employees who had access to
to the information
– Typical with large technology companies due to
fear of getting sued if they develop similar
technology
– Inappropriate in most cases

46. Alternative Provisions
Obligation to Provide Complete and/or
Accurate Information
– Impose an obligation to disclose complete and/or
accurate information
– Most parties will resist a warranty of
completeness or accuracy, especially if trade
secrets and know-how are involved
• Reasonable that inaccurate or incomplete information
will be exchanged

47. Example Provision
(i) The Disclosing Party shall provide the
Recipient with all information in the
possession of the Disclosing Party
reasonably necessary for the Recipient to
assess the merits of the Purpose of the
Agreement.
(ii) The Disclosing Party warrants that the
information disclosed to the Recipient will
be accurate.

48. Alternative Provisions
• Feedback Exception
– In a bilateral NDA where
the Receiving Party offers
suggestions to improve the
value of the confidential
information, can the
Disclosing Party freely use
that information? Is the
feedback confidential?
• Most NDA’s are silent on this
issue
• May dampen open dialogue

49. Example Feedback Exception
Confidential Information shall not include information that constitutes
Feedback, where “Feedback” is defined as suggestions, comments, or
other feedback to the Disclosing Party with respect to Confidential
Information provided originally by the Disclosing Party. It is
acknowledged that the Recipient may from time to time provide
Feedback, and it is agreed that all Feedback is provided entirely
voluntarily. Feedback, even if designated as confidential by the party
offering the Feedback, shall not, absent a separate written agreement,
create any confidentiality obligation for the recipient of the Feedback.
Subject to any separate agreement between the parties, the recipient
of Feedback shall be free to use, disclose, reproduce, license or
otherwise distribute, and exploit the Feedback as it sees fit, entirely
without obligation or restriction of any kind on account of intellectual
property rights or otherwise.

50. Alternative Provisions
• Non-Compete Clause
– Should be stricken out
unless it is an
employment NDA
– Must be reasonable in
time, scope and
geography

51. Alternative Provisions
Indemnification
– Disclosing Party should
indemnify for any
breach or threatened
breach of the NDA
– Rarely see this in NDA’s
but recommended in
some situations

52. Maintaining Records
• Keep all scanned copies
of NDA’s in an “NDA File”
• Keep an excel
spreadsheet with NDA
info
– Link to electronic scan of
NDA with excel
spreadsheet
– Calendar deadlines

53. Maintaining Records
Keep an excel spreadsheet with all NDA’s
– Parties/ Contact Info
– Purpose of NDA
– Effective Date
– Term/ Expiration Date
– Material Terms
– Duty to identify confidential information
– Employees/independent contractors who have been
privy to the confidential information
– Duty to return confidential information
– Choice of Law
– Dispute Resolution
– Special Notes

54. Practical Pointers
• After taking time to learn NDA’s, I can review a
NDA very quickly for clients
• Trying to sell standard NDA agreements for
clients on flat-fee basis (hourly for negotiation
and edits).
• Under-utilized in the food and agriculture
industry, especially with farms
• Whose NDA form is used in a negotiation?

55. Practical Pointers
• Small to mid-size agri-
businesses may have
several NDA’s
• If hired to do
NDA/contract
management, try to
point out problematic
NDA’s to client and note
these issues in the excel
spreadsheet

56. Contract Management

57. Contract Management
• Scanning Contracts
(including NDA’s)
• Making an excel
spreadsheet
• Calendaring contract
expiration dates (ample
notice) and automatic
renewal dates
• Note issues with
existing contracts

58. Contract Management on Excel
• Parties
• Type of Contract
• Contract Name
• Effective Date
• Date(s) signed by
Parties
• Is the contract on file
signed by both Parties?

59. Contract Management on Excel
• Term of the contract (if
specified)
• Expiration Date
• Automatic Renewal Date
and Term
– Notice Period before
automatic renewal (30 to
60 days written notice)
• Whether the
contract/NDA has expired

60. Contract Management on Excel
• Purpose of the
Contract/NDA
• Material Terms
• Choice of Law
• Indemnification clause?
• Is there a confidentiality
clause in the Contract?
If yes, material terms

61. Contract Management on Excel
• Dispute Resolution
• Notes/ Issues
• Mark on the
spreadsheet that it was
prepared by an
attorney
– Mark Confidential and
Attorney-Client Privilege

62. Practical Pointers
• Can be a big project,
depending on how
long the farm or agri-
business has been in
business and how
many contracts can be
located
• Only looking for major
points
• Issue spotting for
potential problems

63. Practical Pointers
• Helps give you a greater
understanding of client
and business relationships
• Helpful for both you &
client to see big picture
– Know what contracts have
expired (may need to be
extended)
– Has obligation for
confidentiality already
expired?

64. Practical Pointers
• Add new contracts
and NDA’s on the
spreadsheet
• Calendar reminders to
review certain
contacts within X days
before they
automatically renew
or expire

65. Trademarks and Other Intellectual
Property Concerns

66. Overview
• Overview of the Types
of Intellectual Property
• More on Trademarks
• Trademark Applications
• Trademark Renewals
• Trademark
Management

67. Overview of the Types of
Intellectual Property
• Copyrights
– Provided to the authors of "original works of
authorship," including literary, dramatic, musical,
artistic, and certain other intellectual works, both
published and unpublished.
– Copyright protection comes into being as soon as
an expression is recorded in some manner (in
writing, in audio recording, etc.).
– These works may be registered with the U.S.
Copyright Office.
© Rincker Law, PLLC, 2013

68. Overview of the Types of
Intellectual Property
• Trademarks
– identifying mark for consumers in connection with
particular goods or services.
– can take place in many forms including a word,
name, symbol, device, sound, fragrance or “trade
dress” of a food product packaging.
– When this mark is used in commerce, it helps
distinguish the origin of the goods or services.

69. Overview of the Types of
Intellectual Property
• Patents
– Inventions
– 3 types:
• Utility Patents
• Design Patents
• Plant Patents

70. More on Trademarks
• Trademark – goods
– TM
– Rincker Beef™
• Servicemark – services
– SM
– Blackacre Ranch
Photography℠
• ® mark only when
registered

71. More on Trademarks
• Wordmark
– Standard character
– Stylized
• Design Mark
– Logo (with or without
words)
– Can claim color(s) as
part of the mark
• Sound Mark

72. More on Trademarks
• To be registered with
the U.S. Patent and
Trademark Office, the
mark should be utilized
in interstate commerce
– Can file an “Intent to
Use” if not using it yet in
interstate commerce
– Must state date that it
was first used and first
used in interstate
commerce

73. More on Trademarks
• Recommend checking the USPTO registry
before starting a business to make sure it does
not infringe on another mark
• Run a basic search for clients who wish file a
trademark
• Also run a search on Google for the word mark
and image
• In some circumstances, helpful to hire a
professional searcher (e.g., Corsearch)

74. More on Trademarks
• “Common Law
Trademark Rights”
– First in Use, First in Right
– Simply because someone
hasn’t registered a
trademark, doesn’t mean
that they don’t have
trademark rights for a
certain class of goods or
services
– Registration gives a
rebuttable presumption
that the owner was the
first to use the mark
• Can still be sued for
trademark infringement

75. More on Trademarks
• “Principal Registry”
– Once a mark is on the Principal Registry for 15 years, it
is no longer contestable
• “Secondary Registry”
– Surnames
– Trademarks that have secondary meanings
– Must show exclusive, continuous use for 5 years
before getting on Principal Registry
– Can still use ® and enforce trademark rights
– Don’t license the mark to another entity

76. More on Trademarks
• Getting on the “Principal Registry”
– The mark must be distinctive
– Categories:
• Arbitrary or fanciful (e.g., Kraft cheese, Aunt Jemima
syrup)
• Suggestive (“AgVance”)
• Descriptive (“merely descriptive”) (e.g., “Red Apples”)
– Will go on Supplemental Register until it gains distinctiveness
– “Yellow Pages” and “Software Solutions Integrated, LLC”
• Generic (“farm” “agriculture”)

77. More on Trademarks
• Getting on “Principal
Registry”
– Mark must be non-
functional in order to
distinguish it from
patents
• Must be a brand
identifier
– Use in interstate
commerce
• Can file trademark with
state if used only in
intrastate commerce

78. More on Trademarks
• Licenses
– Once on the Principal Registry,
the Owner may license the
mark to other entities using it
within the same class of goods
or services
• Assignments
– If a farms sells or buys another
business, including trademark
rights, the assignment must be
submitted to the USPTO

79. Trademark Applications
• Practical Pointers
– You will need a specimen
showing use of the mark in
interstate commerce
(unless it is an intent to use
application)
• Be careful about use of
advertising materials (e.g.,
brochures)
• Make sure the specimen
doesn’t have the ℠, ™ or ®

80. Trademark Applications
• I always complete the initial application and any
responses to office actions online
http://www.uspto.gov/trademarks/teas/index.jsp
• It will be reviewed by an USPTO attorney
– He/she will issue an office action if corrections need
made
– USPTO attorney can be helpful in correcting application
– With design mark descriptions, I usually just use the
suggestion from USPTO
• Will be published in the Official Gazette

81. Trademark Renewals
• Calendar Renewal Deadlines
– 6 yrs
– 10 yrs
– Every decade thereafter
• Explain renewal deadlines to
client in cover letter with the
USPTO registration certificate
• Calendar in multiple locations
• Warn client of renewal spam
mail

82. Trademark Spreadsheet
• General Trademark
Description
• Design or Word Mark?
• Image of Design Mark
or Stylized Mark
• Goods or Services?

83. Description Design or Word Mark Image Goods or Services
Agvance
Logo with C
Design Mark Goods
Agvance word Word Mark –
Standard Character
Goods
Agvance Logo Design Mark Goods
Form-U-Share Word Mark - Stylized Services
FUS Design
Mark
Goods
Software Solutions
Integrated, LLC – word
Word Mark –
Standard Character
Goods
SSI logo Design
Mark
Goods
SSI logo 1 – Intent to
Use
Design Mark Goods
SSI logo 2- Intent to
Use
Design Mark Goods
SSI logo 3- Intent to
Use
Design Mark Goods

84. Trademark Spreadsheet
• Class
• Description of
Goods/Services
• First Use
• First Use in Commercial
• Serial Number
(Application)
• Filing Date

85. Trademark Spreadsheet
• Filing Basis (e.g., Use in
Commerce)
• Date it was published for
opposition
• Attorney of Record (&
contact info)
• Registrant Owner
• Current Owner
• Date of Assignment with
USPTO (if applicable)

86. Trademark Spreadsheet
• Colors Claims
• Description of the Mark
(used with application/
registration)
• Design Search Codes
• Wordmark (“AGVANCE,
FORM-U-SHARE, S SSI
SOFTWARE SOLUTIONS
INTEGRATED, LLC”)

87. Trademark Spreadsheet
• Disclaimer
– No exclusive right to
use “Software
Solutions” or “LLC”
separate from the
mark
– No exclusive right to
use “Breed” separate
from “Breed Lautner”

88. Trademark Spreadsheet
• Date Registered
• Registry
– Principal or
– Supplemental
• Cancelation Date (if
applicable)
• Status
– Live
– Dead

89. Trademark Spreadsheet
• Renewal Date(s)
• Notes on Office Actions
and Responses
• Links to scanned
documents on hard
drive, including:
– Application receipt
– Office Actions
– Specimens
– Registration certificate
– Client correspondence

90. Trademark Spreadsheet
• Make sure to mark it
attorney/client
privileged
• Add section for notes,
including important
statutory references
• Great way to look at
big picture for client’s
registered trademarks

91. Please Stay in Touch
• Send Me Snail Mail: 535 Fifth Avenue, 4th Floor,
New York, NY 10017
• Call Me: (212) 427-2049 (office)
• Email Me: cari@rinckerlaw.com
• Visit My Website: www.rinckerlaw.com
• Read My Food & Ag Law Blog: www.rinckerlaw.com/blog
• Tweet Me: @CariRincker @RinckerLaw
• Facebook Me: www.facebook.com/rinckerlaw
• Link to Me: http://www.linkedin.com/in/caririncker
• Skype Me: Cari.Rincker