Drag-N-Drive® is a Federally registered name owned by Made In The USA, Inc. An S-Corp operating out of Indianapolis, IN.
This guide was written to help explain acceptable and lawful use of Drag-N-Drive®. How to use Drag-N-Drive® without a license and more importantly, when a license is required.
What are the three (3) trademarks? Generally, trademarks can be registered in association with particular goods or services. Made In the USA owns the following three trademark registrations for Drag-N-Drive®:
● Class 16: Apparel, namely, shirts; t-shirts, hats and hoodies.
● Class 25: Printed goods, namely, decals and yearbooks in the field of drag race driving; printed calendars; printed posters.
● Class 41. Entertainment services in the nature of automobile racing and exhibitions; entertainment services in the nature of organizing automobile racing and exhibitions.
Where Did the Term Drag-N-Drive Originate?
The term Drag-N-Drive® was created in May 2018 as a tag line to separate Midwest Drags™ from other events. Made In the USA contractually entered into their first Sponsorship in August of 2018 and immediately began promoting Midwest Drags™ Drag-N-Drive™ on social media, printed magazines, flyers and trade shows. The first use dates in June 2019 that are listed in the trademark registrations indicate the inaugural Midwest Drags™ event, where printed goods and apparel bearing the name Drag-N-Drive® were sold to the public.
Is Drag-N-Drive a Generic Term?
Drag-N-Drive® is NOT a merely descriptive or generic term. It was created in May of 2018 by Made In The USA, Inc., as a tag line to describe a single event, Midwest Drags™. Commonly used or generic words cannot be protected with a trademark.
What’s the difference between ™ and ®?
™ is used to show the public that you consider a brand name or logo to be a trademark owned by you. Anyone can put a ™ on the terms they are using as trademarks. The trademark process can be long and tedious. The applicant must prove to the U.S. Trademark Office that they in fact are the first users of the trademark in association with the claimed goods or services. The Applicant must therefore prove they were the first to publicly use the trademark as a brand name. The Trademark Office then researches to investigate genericness and prior public use. Only when the Applicant has successfully proved they are the originator of the trademark does the Trademark Office issue a Certificate of Registration allowing the Owner to use ®. At that point, it is up to the Owner to defend their property. If they fail to do so, if they allow anyone to use their trademark at any time without a license, they will lose ownership and the trademark will become public domain.
Who needs a license?
A license is needed for any person or entity who wishes to use the trademark Drag-N-Drive® in a commercial manner. For example, a license is needed in order to have permission to print Drag-N-Drive® on merchandise for sale or to otherwise profit on its use. Refer above to: Principle Reg. No. 7,108,040.
Can I say Drag-N-Drive in conversation or write articles without a license?
When using Drag-N-Drive® in a descriptive fashion, to refer to a Drag-N-Drive® event, a license is not required. As an example, using the term in conversation: “Last weekend I went to a race, it was a Drag-N-Drive”. Likewise, articles about or referring to a Drag-N-Drive® event can use the term without a license.
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With a license, can I name my event Drag-N-Drive?
With a license, a Promoter is able to advertise their event as a Drag-N-Drive® style event. An Example, The event name is Fast Street Cars and you’d like to include the use of Drag-N-Drive®. If Fast Street Cars is not currently registered “®", then the placement of ’tm’ shows ownership of your name separate from ownership of Drag-N-Drive®. The public would read it as: Fast Street Cars™ Drag-N-Drive®. This is done to prevent consumer confusion and define ownership of brands.
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Do I need a license if I change the spelling?
Simply changing the spelling is not a loophole for lawful use. This is due to phonetics and implied use: When promoting events or printing merchandise for events that involve drag racing and then driving, other names should be used in if a license has not been obtained. Simply changing the spelling to Drag and Drive or Drag & Drive, is not sufficient to distinguish the event, and may lead people into being confused and thinking that the event and merchandise are associated with Drag-N-Drive®.
Are the Three Trademarks International?
No. Our trademarks are territorial and limited to the protection of the United States Federal Government. Events in foreign countries are able and encouraged to register the name under their Government's authority. We are humbled by the fact that our name has received global recognition.
Who enforces trademarks?
It is up to the Owner of the mark to make contact and explain licensing options. If use without a license continues, that is called brand or trademark infringement and a complaint may be filed in federal court against the Opposer. Penalties may be high and not limited to seizing all the profits of the illegal sales.
What to do if you’ve printed and sold merchandise bearing an unlicensed mark of Drag-N-Drive?
Contact us immediately seeking compliance. Paying fees and obtaining a license is in the best interest of everyone and will save costly litigation defense.
What is Trademark infringement?
Infringement is the unauthorized use of a mark in connection to goods or services with a result that is likely to cause consumer confusion and/or deception.
Licenses are easy to get. Join the growing number or Resellers, Tuners and Promoters increasing their profits with a Drag-N-Drive® license!
Learn more about Trademarks, by visit the United States Patent and Trademark Office. https://USPTO.Gov/Trademarks