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Author Topic: The Product Identifying the Source  (Read 1354 times)

TataBox

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The Product Identifying the Source
« on: 09-16-05 at 11:54 am »

I assume you cannot register a trademark on a product that is not made by you.   I think the same applies if the product is resold, but what if the product is modified to a certain extent.  Can anyone clarify this?   How much of it must be your product?
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Isaac

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Re: The Product Identifying the Source
« Reply #1 on: 09-16-05 at 08:32 pm »

The assumption is wrong.  You don't have to be a manufacturer of goods to apply a trademark.  
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Isaac

TataBox

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Re: The Product Identifying the Source
« Reply #2 on: 09-17-05 at 06:59 am »

Thanks.   I think I was borrowing from patent law.  

  The notion that a 1st company can buy a product from 2nd company, cover their trademark and use their own trademark for the product threw me for a loop (as you can tell, it does not take much to do that).
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Isaac

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Re: The Product Identifying the Source
« Reply #3 on: 09-17-05 at 07:58 am »

There may be situations where buying someone's product and relabeling it is
inappropriate, but I don't see problems that would concern the
Patent and Trademark Office.
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Isaac

JSonnabend

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Re: The Product Identifying the Source
« Reply #4 on: 09-19-05 at 06:18 am »

Just to be clear, I don't think Isaac is suggesting you can apply your own label to another's product in all instances.  In most, I would think, the original TM owner is going to have some problems with such tactics, and section 43(a), at the very least, probably prohibits it in most instances.

That said, Isaac is right that sometimes rebranding is permitted, and that the PTO probably couldn't care less if you re-brand/mis-brand.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
 



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