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- Newsgroups: misc.entrepreneurs
- Path: sparky!uunet!highlite!burgoyne
- From: burgoyne@highlite.uucp (J. Robert Burgoyne)
- Subject: Re: Trademark vs. Company Name
- Message-ID: <1992Aug19.133525.23342@highlite.uucp>
- Organization: Gotham Communications Research
- References: <1992Aug18.024756.614@ccsvax.sfasu.edu>
- Date: Wed, 19 Aug 1992 13:35:25 GMT
- Lines: 47
-
-
- Remember that we're not attorneys here...
-
- a_willisgt@ccsvax.sfasu.edu writes:
- : Hypothetical situation: Mr. John Doe owns and operates a company called
- : Amalgamated Widget, Inc. The company produces software and does contract
- : work. He's been running this company for 18 months, and has marketed his
- : products and services under that name. He has not, however, registered the
- : name as a trademark.
- :
- : Ms. Jane Doe creates a software product called 'An Amalgamated Widget'.
- :She hasn't yet marketed this product. If she does, will she be stepping on Mr.
- :Doe's legal rights?
- :
- Yes, if Mr. Doe is claiming trademark status on his company name.
- :
- : The way I understand trademark laws, whoever continuously uses a particular
- : design/logo/etc essentially owns the design/logo/etc, whether it is registered
- : or not.
-
- Yes, and the person continuously using the design/logo/etc. can effectively
- block the registration of others who come along and try to register the
- design by filing a protest after a design has been published in the OG
- (official gazette). The law is based on first use in commerce.
-
- : Companies like Apple, Adobe, and others have managed to trademark all or part
- : of thier company names. For instance, the name 'Apple Computer, Inc.' is not
- : trademarked; but they own the trademark 'Apple'. Adobe's the same way.
-
- It was much faster to get a trademark registered 5-10 years ago. The PTO is now
- so swamped that it can take 18 months from the time you first file an
- application till the time you receive your notice of allowance.
-
- Those companies got their names registered long ago.
-
- : Is that a default trademark? Since the company is called 'Apple', do they
- : get the trademark 'Apple' by defauly (asuming that nobody else had registered
- : the same trademark beforehand), or did they have to register the 'Apple'
- : trademark seperately?
-
- Nobody gets anything by default. You can register each element separately or
- you can combine a name and a logo together.
-
- For more information, you could contact the trademark attorney I've worked
- with. Send email for his name/address.
-
- Robert
-