Re: Expired trademarks/what constitutes "use in trade"

Subject: Re: Re: Expired trademarks/what constitutes "use in trade"

Comments:
: You are correct in your belief that the mark must be actively used in trade in order to be retained. : But what constitutes "use"? - BONA FIDE USE : That is to say that the trademark proprietor must show that he has made a bona fide use of the mark IN CONNECTION WITH THE GOODS OR SERVICES. : Delta Airlines cannot protect against Delta faucets use in unrelated classifications where consumers would not be confused. : Your problem may depend on whether the old Springfield Indians team name is still remembered or revered . . .IN THE COMMERCIAL SENSE! : When a trademark has been widely known and used historically, issues such as acquired distinctiveness and incontestability become important advantages to a trademark holder who is defending a petition to cancel an allegedly abandoned mark. : On the other hand, in many cases a petition to cancel can be won. : The petitioner must first show that he or she has some interest in the mark and must claim that they will be damaged by the continued registration. : Then the Trademark registrant must show that he has made some bona fide good faith use of the mark in commerce. : Your "postcard method" makes no sense and has no basis. BONA FIDE USE means USE. It means the mark must be used or displayed sufficient sales, promotion and advertisement of the GOODS & SERVICES to be treated as a trademark. A MARK USED IN TRADE. : It means that the public in the industry or trade can recognize the goods or services in connection with the mark. : Simple, common word marks like "INDIANS" can coexist in a crowded field. I can assure you that many other teams are known as the INDIANS. : Notwithstanding the policital incorrectness of the name INDIANS (in an era when the Aztecs, Monty Montezuma and many other marks are being intentionally abandoned) any trademark owner would be hard-pressed to stop a new team from calling themselves the INDIANS. : However when considering issues of adopting logo designs, BEWARE even expired trademarks for logos and designs may still, in some cases be protected under the copyright law. : To get the real skinny on names and trademarks, check out our sites: : www.brandXperts.com : www.namesavers.net : www.copyrightpros.com : ANDERSON & SHIPPEY : WE PROTECT IMAGINATION (Sm)

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