Registered Trademark for Breed Lautner®
By Cari Rincker, Rincker Law, PLLC
Matt Lautner hired Rincker Law, PLLC last year to obtain a trademark for “Breed Lautner”. His
trademark was registered with the U.S. Patent and Trademark Office (“USPTO”) on February 5,
2013 for both a trademark and servicemark. This blog post gives an overview on intellectual
property law that applies to farms. I also describe the trademark application process and what
rights Matt has now that he has obtained the mark.
Overview of the 3 Types of Intellectual Property
There are three main types of intellectual property that are oftentimes confused: (1) copyrights,
(2) trademarks, and (3) patents. Each described below.

Copyright: A copyright is provided to original works of authorship, including literary,
dramatic, musical, artistic, and certain other intellectual works, both published and
unpublished. For example, Matt Lautner’s blog “News from the Road” is subject to
copyright protection. A cattle photographer or graphic designer’s work is also subject to
copyright protection. Generally, the law gives the owner of copyright the exclusive right
to reproduce the copyrighted work, to prepare derivative works, to distribute copies of the
work, or to publically perform or display the work. An informal way to preserve your
copyright is to put the © symbol by the year and name (e.g., © 2013, Matt Lautner).
Copyright protection can be strengthened by registration with the U.S. Copyright Office –
doing so is appropriate in certain cases. You must be careful not to publish copyrighted
work without permission from the author.

Trademarks: A trademark is an identifying mark for consumers in connection with
particular goods or services. A trademark 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. A servicemark is the same as a trademark except that it identifies and
distinguishes the source of a service rather than a product. A trademark can only be
obtained at the federal level if the good or service is used in interstate commerce (i.e.,
over state lines). Although registration is not essential to trademark protection in this
country, if eligible, trademark registration with the USPTO greatly enhances legal
protections to the trademark owner. Before registering a mark with the USPTO, a farm
can usually use the small ℠ (servicemark) or ™ (trademark) symbol. Once a farm has a
registered mark, it can use the ® symbol.

Patents: A patent is ownership of an invention. It grants "the right to exclude others
from making, using, offering for sale, or selling" the invention in the United States or
"importing" the invention into the United States. What is granted is not the right to make,
use, offer for sale, sell or import, but the right to exclude others from making, using,
offering for sale, selling or importing the invention.
The Trademark Application for “Breed Lautner”
The USPTO application for “Breed Lautner” was submitted on June 18, 2012 for two different
marks: (1) Class 25 for a trademark with “short-sleeved or long-sleeved t-shirts” and (2) Class
44 for a servicemark with “breeding of livestock for others, namely, seedstock producers.” This
highlights an important point – you must register a trademark for each class of services and
goods in which you choose to use the mark. If Matt Lautner wanted to put “Breed Lautner” on
cowboy boots to sell, then he should probably apply for that particular class of goods. A
company like Nike, for example, has numerous trademarks for each class of goods that it uses its
mark. If your farm already has a trademark or servicemark, make sure it protects you in each
class of goods or services where you are using the mark.
There are three primary types of marks: design mark, stylized mark, and standard character
mark. A design mark is for a logo. A stylized mark is for words used in specific fonts. A
standard character mark is for the words only. In this instance, the application for “Breed
Lautner” was made for a standard character mark. Doing so gave Matt the flexibility to use
“Breed Lautner” in any font style he wanted.
The trademark application required the date that Matt first started using “Breed Lautner” in
interstate commerce (about March 2011). Specimens also had to be submitted illustrating Matt’s
current use of the mark “Breed Lautner.” Here were a few of the specimens that we used:
The USPTO ran a search in the database to make sure there was not another person or entity with
a confusingly similar mark. It was satisfied with the specimens; however, the application was
amended in October 2012 stating that there was no claim to the exclusive right to use “BREED”
separate from the mark. Trademarks have to be distinctive. Because the word “breed” is
commonly used in the livestock industry, Matt does not have exclusive right to word “breed”
separate from “Breed Lautner.”
The USPTO published the trademark in the Official Gazette on November 20, 2012. If a person
opposed Matt from obtaining the mark, he or she would have thirty (30) days to oppose the
registration. Nobody opposed such registration and “Breed Lautner” became registered on the
principal registry in February 2013.
Matt’s Trademark Rights & Responsibilities
Matt is now able to use the ® symbol by Breed Lautner on T-shirts, advertisements, business
cards, or similar marketing materials. If another person or entity uses a confusingly similar mark,
Matt may enforce his trademark rights. Matt may also license the use of the mark to other
parties (and be paid an annual or monthly fee for doing so). Matt will need to renew this
trademark in 6 years, in 10 years, and every decade thereafter by showing the USPTO that he is
still using the mark “Breed Lautner” in interstate commerce.