Date: Tue, 26 Aug 2003 10:33:32 -0700 From: underway@comcast.net (Gary W. Swearingen) To: "Simon L. Nielsen" <simon@FreeBSD.org> Cc: Marc Fonvieille <blackend@FreeBSD.org> Subject: Re: Another "annoying" trademark :) Message-ID: <507k50nx1v.k50@mail.comcast.net> In-Reply-To: <20030826122255.GA403@FreeBSD.org> (Simon L. Nielsen's message of "Tue, 26 Aug 2003 14:22:57 %2B0200") References: <20030826075148.GA806@nosferatu.blackend.org> <20030826122255.GA403@FreeBSD.org>
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"Simon L. Nielsen" <simon@FreeBSD.org> writes: > On 2003.08.26 09:51:48 +0200, Marc Fonvieille wrote: ... >> Maybe we can wait for the registration to be effective... > > That could take a very long time, so when somebody from XFree86 respond, > I plan to handle it along with all the other unregistered trademarks. ... I'm curious why unregistered and registered trademarks should be handled differently. IMO, they should be be handled the same, with some default treatment (eg, use "(TM)" or not) and some special treatment for owners who are known to desire it (not necessarily the treatment they desire), regardless of registration. It seems safest to assume that any (?) claims of trademark are valid claims and that you are dealing with a proprietary trademark which gives someone rights in the use of the trademark. I'm fairly sure that the owner can sue you (and even win) with or without registration, with the main difference being whether it's going to cost you a lot or a whole lot. There should be one difference in handling, according to the USPTO web site's intro material: It says that the circle-R symbol may not be used except with registered trademarks. (I'm not so sure about that. I've never seen any law against it or even against a false claim of copyright or non-registered trademark ownership.) The statute also has a footnote saying that there are other ways to mark a trademark (other than the circle-R and "Registered in U.S. Patent and Trademark Office" and "Reg. U.S. Pat. & Tm. Off.") to give notice that it is registered, but it refers to some old law that I couldn't find. AFAIK, "(TM)" and the small raised "TM" only imply a trademark claim, not registration. Anyone know of (semi?) official documents on the matter?
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