226
Trademark Forum / Re: 2D and 3D LOGOS
« on: 03-16-11 at 06:45 am »
Which logo are you actually using?
- Jeff
- Jeff
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227
Trademark Forum / Re: is medical device and instrument sufficiently specific for a trademark
« on: 03-03-11 at 11:55 am »
The class for the ID will depend on how you phrase the ID. There is no requirement ever that an applicant apply for all eligible classes, but the examiner will insist you place the ID in the right class.
- Jeff
- Jeff
228
Trademark Forum / Re: Business name trademark ?
« on: 03-02-11 at 09:13 am »
To the extent the other party is using a mark that is confusingly similar to yours, and further to the extent that your rights to the mark are senior to the other party's rights, you may demand that they cease and desist from use.
- Jeff
- Jeff
229
Trademark Forum / Re: is medical device and instrument sufficiently specific for a trademark
« on: 03-02-11 at 09:08 am »
Your ID has to be reasonably particular in the products it covers. Generally speaking, "medical devices" will not suffice. Instead, you will need to more precisely identify the types of medical devices.
That said, you can list simply "medical devices" on the application and amend the ID later.
- Jeff
That said, you can list simply "medical devices" on the application and amend the ID later.
- Jeff
230
Trademark Forum / Re: trademarks, domain names and EBay
« on: 02-23-11 at 10:47 am »
The PTO generally does not "cross reference" marks in the way you suggest.
For what goods and/or services would you be seeking the registration?
You cannot force a domain owner to turn over a domain based on trademark rights you establish after that owner first purchased the domain.
- Jeff
For what goods and/or services would you be seeking the registration?
You cannot force a domain owner to turn over a domain based on trademark rights you establish after that owner first purchased the domain.
- Jeff
231
Copyright Forum / Re: Why does the third world have copyright?
« on: 02-23-11 at 10:18 am »
Artchain, can you give me a call or shoot me an email when you get a chance? I want to talk to you about your enforcement experiences.
- Jeff
- Jeff
232
Trademark Forum / Re: Facebook page disabled due to infringment claim; Time for cancellation process
« on: 02-22-11 at 07:51 pm »
The claim, if anything, would be along the lines of "tortious interference." My advice is to speak directly to a qualified attorney about your situation. Communication from an attorney to FB might do the trick, as might a properly fashioned letter to the other party.
- Jeff
- Jeff
233
Trademark Forum / Re: Domain name trademark question.
« on: 02-17-11 at 08:31 am »
It depends on what you want to use it for. If someone owns myshoes.com and is selling shoes, and you want to register myshoes.org to post pictures of your extensive footware collection, you're probably OK. Try to register the domain to sell shoes under the "My Shoes" mark (distinctiveness issues aside), and you may run into trouble.
- Jeff
- Jeff
234
Trademark Forum / Re: Trademark Registration: Standard Character Format vs. Design Format?
« on: 02-17-11 at 08:28 am »
The invoices, licenses, nda's and those types of things won't qualify as specimen. The websites, product flyers and the like might (but also might not). Best bet is to have a qualified TM attorney look at the materials directly.
I'm afraid from the information you've given, there is no obvious answer.
- Jeff
I'm afraid from the information you've given, there is no obvious answer.
- Jeff
235
Trademark Forum / Re: common law trademark?
« on: 02-17-11 at 08:26 am »
Kaitlin is right that to the extent the estate may have rights, you may have valid estoppel and/or laches arguments against the estate. More fundamentally, though, I question whether the estate can stop you at all. Section 2(c) of the act, which addresses names, does not prohibit the use of deceased persons' names (except in some instances dead presidents).
- Jeff
- Jeff
236
Trademark Forum / Re: Question on use of trademark
« on: 02-17-11 at 08:22 am »
If you use the mark both ways, or if the "Puget" element of the larger mark functions independently as a mark, then you can register both. If you search the TMEP for "mutilation" (I kid you not), you'll find relevant discussion of the issue.
- Jeff
- Jeff
237
Trademark Forum / Re: Does a Prior 2(f) Registration Bar a Future Inherently Distinctive Application?
« on: 02-17-11 at 08:20 am »
Factually, how would you argue that the mark was not inherently distinctive before but now is?
- Jeff
- Jeff
238
Trademark Forum / Re: Trademark issue concerning similar names
« on: 02-17-11 at 08:17 am »
While John's advice is correct, it might be a bit confusing.
Combinations of words are certainly protectable as trademarks, but the words have to function as trademarks to be afforded protection. I understand that the OP gave a hypothetical mark in his post, the hypothetical, at least, may not be capable of trademark protection.
The hypo is "my files" (with and without spaces) for computer software. To the extent the software concerns computer files, the hypothetical mark is likely descriptive (at best). I understand the real mark may not have this problem, but in case the hypothetical is similar, then this issue is relevant.
Also, a more simple point. As a rule of thumb, changing word spacing, using single/plural forms, and adding descriptive words to a pre-existing mark will not usually avoid infringement.
- Jeff
Combinations of words are certainly protectable as trademarks, but the words have to function as trademarks to be afforded protection. I understand that the OP gave a hypothetical mark in his post, the hypothetical, at least, may not be capable of trademark protection.
The hypo is "my files" (with and without spaces) for computer software. To the extent the software concerns computer files, the hypothetical mark is likely descriptive (at best). I understand the real mark may not have this problem, but in case the hypothetical is similar, then this issue is relevant.
Also, a more simple point. As a rule of thumb, changing word spacing, using single/plural forms, and adding descriptive words to a pre-existing mark will not usually avoid infringement.
- Jeff
239
Suggestions/Comments on these Forums / Re: Spam
« on: 02-16-11 at 03:11 pm »
Jim, I don't agree that first-post-approval is the way to go. Firstly, I don't want to have that added to my workload. Second, I think it creates the wrong feel for the forum. This is an open forum, after all. I don't want people to sense that moderators are somehow gatekeepers.
Better approach would be banning live URL's in new posts. Come to think of it, didn't we do that before? Also, I wouldn't mind notices being sent based on heuristic filters (i.e., filters run on messages alerting me when one appears to be spam).
Also, a "ban and delete all posts" function would be good.
- Jeff
Better approach would be banning live URL's in new posts. Come to think of it, didn't we do that before? Also, I wouldn't mind notices being sent based on heuristic filters (i.e., filters run on messages alerting me when one appears to be spam).
Also, a "ban and delete all posts" function would be good.
- Jeff
240
Trademark Forum / Re: Trademark Registration: Standard Character Format vs. Design Format?
« on: 02-09-11 at 06:59 am »
How do you use your trademark? Where does it appear? Who do you sell it to and how do they learn of your software?
- Jeff
- Jeff
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