There once was a company named Zotz,

Which created toys for tots,

The newest toy, named Ketter™,

Recalled after a cease and desist letter,

Oh my, no trademark search, CEO Zotz?

CEO Zotz could have received the cease and desist letter from someone who owned a federal registration, a pending federal application or used the mark KETTER™ before Zotz established its own rights to the brand. Conduct a preliminary US Trademark Office and online search. If it doesn’t reveal the identical brand, conduct a comprehensive search. This is the only way to determine if there are any unregistered third parties who may oppose a trademark application or use of the mark in commerce.

First published in Inside magazine, NYSBA, Fall 2017.