Re: Re: Re: Trademarking / Servicemarking my URL

Subject: Re: Re: Re: Re: Trademarking / Servicemarking my URL

Comments:
: : I agree with Mr. Anderson. However, I don't believe that there is a rigid 5 year waiting period before a mark acquires distinctiveness. With heavy sales and extensive advertising, it may take less time for a mark to acquire distintiveness. In some cases (in the case of a very weak mark for example)it could take more time - since examining attorneys are permitted but not required to accept an affidavit of acquired distintiveness based on 5 years of use. : : M. Stephen Harris : : Digital-Trademarks.com : : 773-250-3375 : : 1-866-298-TMRK : Dear Mr. Harris, : That is correct. You have the burden of proving the secondary meaning without the statutory presumption. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

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