Archived from groups: alt.tv.tech.hdtv,alt.video.ptv.tivo (More info?)
in article MPG.1c4e3794b2e12d1a989a80@news.nabs.net, Jeff Rife at
wevsr@nabs.net wrote on 1/11/05 4:21 PM:
> (EskWIRED@spamblock.panix.com) wrote in alt.tv.tech.hdtv:
>> In alt.tv.tech.hdtv Jeff Rife <wevsr@nabs.net> wrote:
>>
>>> Sure, you can fight other people about your "trademark" without
>>> registering (because you can sue anyone for anything), but because
>>> trademarks are such simple things (compared to items that fall under
>>> copyright law), you generally have almost no leg to stand on.
>>
>> To own a trademark in the United States all you need to do is be the
>> first to use it in trade and make continuous use of the mark thereafter.
>> The manner of use required is (1) to use it in interstate commerce, and
>> (2) in a way that permits consumers to distinguish your particular goods
>> and services from those of another producer. Trademarks based solely upon
>> first use are referred to as common law trademarks, and receive
>> protection under the common law (i.e. court-made law). Trademarks that
>> are registered with the state or federal government receive additional
>> protection under state and federal statutes which provide benefits beyond
>> the protection available under the common law. Thus, the purpose of
>> registration is not to acquire trademarks, but rather to enhance the
>> already existing rights associated with a common law trademark.
>
> And, this pretty much says what I said.
>
> Unless a "common law" trademark is very unique, you can't protect it
> against similar use by non-related companies.
>
> Similarly, designs, drawings, and symbols that are unique can be protected
> with no registration, but registering allows you even more control.
> Without registration, you can only prevent people from using similar
> marks that are confusing. With registration, you can prevent them from
> using *your* mark (or designs that bear a strong resemblance to your mark),
> even if the intent is not to confuse.
>
>> http
/www.marklaw.com/trademark-FAQ/faqacq.htm
>>
>>> The only time registering isn't necessary is when the infringement is
>>> directly confusing.
>>
>> See above.
>
> You mean where it agrees with me in substance. Sure.
>
> |> Thus, the purpose of
> |> registration is not to acquire trademarks, but rather to enhance the
> |> already existing rights associated with a common law trademark.
>
> Note that this part of the quoted page contains misleading information.
>
> If I attempt to register a trademark, this means that other, similar
> trademarks are seached as "previous works" (to use copyright law lingo).
> I can't register something that is confusing. On the other hand, once
> registered, this "locks out" other people from regsistering for the same
> reason. Thus, registration *is* used to acquire trademarks.
>
> Basically, this means that "Joe's Cables" could have started in 1930 and
> used that name and some logo for 40 years but never registered. In 1970,
> "Joe's Cable and A/V Supply" registers their brand-new logo as with the
> trademark office. Unless "Joe's Cables" was big enough to come to the
> notice of the prior art search, it's likely the registration for "Joe's
> Cable and A/V Supply" would go through.
Don't forget that there's also the amount of time that it's published for
opposition, during which time Joe's Cables can file an objection (within 30
days of publication).
The key point here is that it's not just up to the examining attorney to do
the search.
in article MPG.1c4e3794b2e12d1a989a80@news.nabs.net, Jeff Rife at
wevsr@nabs.net wrote on 1/11/05 4:21 PM:
> (EskWIRED@spamblock.panix.com) wrote in alt.tv.tech.hdtv:
>> In alt.tv.tech.hdtv Jeff Rife <wevsr@nabs.net> wrote:
>>
>>> Sure, you can fight other people about your "trademark" without
>>> registering (because you can sue anyone for anything), but because
>>> trademarks are such simple things (compared to items that fall under
>>> copyright law), you generally have almost no leg to stand on.
>>
>> To own a trademark in the United States all you need to do is be the
>> first to use it in trade and make continuous use of the mark thereafter.
>> The manner of use required is (1) to use it in interstate commerce, and
>> (2) in a way that permits consumers to distinguish your particular goods
>> and services from those of another producer. Trademarks based solely upon
>> first use are referred to as common law trademarks, and receive
>> protection under the common law (i.e. court-made law). Trademarks that
>> are registered with the state or federal government receive additional
>> protection under state and federal statutes which provide benefits beyond
>> the protection available under the common law. Thus, the purpose of
>> registration is not to acquire trademarks, but rather to enhance the
>> already existing rights associated with a common law trademark.
>
> And, this pretty much says what I said.
>
> Unless a "common law" trademark is very unique, you can't protect it
> against similar use by non-related companies.
>
> Similarly, designs, drawings, and symbols that are unique can be protected
> with no registration, but registering allows you even more control.
> Without registration, you can only prevent people from using similar
> marks that are confusing. With registration, you can prevent them from
> using *your* mark (or designs that bear a strong resemblance to your mark),
> even if the intent is not to confuse.
>
>> http
/www.marklaw.com/trademark-FAQ/faqacq.htm>>
>>> The only time registering isn't necessary is when the infringement is
>>> directly confusing.
>>
>> See above.
>
> You mean where it agrees with me in substance. Sure.
>
> |> Thus, the purpose of
> |> registration is not to acquire trademarks, but rather to enhance the
> |> already existing rights associated with a common law trademark.
>
> Note that this part of the quoted page contains misleading information.
>
> If I attempt to register a trademark, this means that other, similar
> trademarks are seached as "previous works" (to use copyright law lingo).
> I can't register something that is confusing. On the other hand, once
> registered, this "locks out" other people from regsistering for the same
> reason. Thus, registration *is* used to acquire trademarks.
>
> Basically, this means that "Joe's Cables" could have started in 1930 and
> used that name and some logo for 40 years but never registered. In 1970,
> "Joe's Cable and A/V Supply" registers their brand-new logo as with the
> trademark office. Unless "Joe's Cables" was big enough to come to the
> notice of the prior art search, it's likely the registration for "Joe's
> Cable and A/V Supply" would go through.
Don't forget that there's also the amount of time that it's published for
opposition, during which time Joe's Cables can file an objection (within 30
days of publication).
The key point here is that it's not just up to the examining attorney to do
the search.
Facebook
Twitter