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  1. #1
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    Manic's Avatar
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    Question Someone making no use of their TM.

    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?

  2. #2
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    DaddyHalbucks's Avatar
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    Is it necessary to develop a product for a TM to keep hold of the TM?
    ++++++++++++++

    Yes, trademark rights flow from use.

  3. #3
    Philadelphia Lawyer
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    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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