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| Gold Lifetime Member Last Online: 06-26-2009 09:11 PM iTrader: (0) Join Date: Aug 2002
Posts: 712
DNF$: 524 Location: Australia | I was researching names for a new product and discovered that someone else in the same field registered one of the names I'm interested in a couple of years ago. However, they show no signs of having made any use of it over the last two years. Is it necessary to develop a product for a TM to keep hold of the TM? ...Or is it possible they could hold onto it indefinately without any development going on at all? |
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| Domain Buyer Name: Hal Last Online: 11-18-2009 11:20 AM iTrader: (57) Join Date: Oct 2002
Posts: 2,730
DNF$: 120,139 Location: Las Vegas, USA
Country: | Is it necessary to develop a product for a TM to keep hold of the TM? ++++++++++++++ Yes, trademark rights flow from use. |
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| Philadelphia Lawyer | This is one of the main things that drives me up the wall about UDRP Panelists whose decisions suggest that if the word is found in the USPTO database as a registered mark, then the domain name registrant should have known about it. The fact of the matter is that the owner of a trademark registration may have ceased all use of the mark, and abandoned all rights in the mark. If there was a registration, it will stay on the register for years, but will not reflect any actual right.
__________________ John Berryhill Ph.d., esq. John-AT-johnberryhill.com Please do not send private messages via dnforum.com, email me directly. |
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