Where do I stand?

**clasione** · 05-12-2005, 02:37 AM

Originally Posted by gworld

Look here:

SEO INC trademark application

it is marked as ABANDONED.

Thanks gworld... what was the search query... that link doesn't work...

Originally Posted by clasione

Thanks gworld... what was the search query... that link doesn't work...

Got it.... perfect, thanks!

**jberryhill** · 05-12-2005, 09:03 AM

This is what I was checking:
http://www.uspto.gov/

Ummm.... yes that's apparent. What I am suggesting to you is that there are a number of databases there, some of which have nothing to do with trademark registrations. If you were searching patents, which you mention above and which are entirely different things from trademarks then, yes, you won't find very much that is relevant to your question.

**Dave Zan** · 05-12-2005, 09:54 AM

Even if their USPTO registered trademark is dead, they can still claim common
law, can't they? Their domain name's creation date "suggests" they've been in
the business for at least 4 years and still counting.

The WayBack Machine also indicates their domain's website went live since
August 23, 2002.

I wonder if SEO's attorney took note of their "dead" USPTO mark. Or does it
really matter...

**jberryhill** · 05-12-2005, 10:24 AM

Even if their USPTO registered trademark is dead, they can still claim common
law, can't they?

WHOSE "USPTO registered trademark" are you talking about?

SEO Inc. never had a federally registered trademark, so they don't have a "dead" one either. They were refused registration on the grounds that their proposed mark (for a logo no less) was confusingly similar to someone else's prior registration for a mark which, itself, disclaimed SEO as a generic term.

**clasione** · 05-12-2005, 10:28 AM

I saw the status is "abandoned" for failure to respond within resonable time....

**Dave Zan** · 05-12-2005, 10:37 AM

Originally Posted by jberryhill

WHOSE "USPTO registered trademark" are you talking about?

SEO Inc. never had a federally registered trademark, so they don't have a "dead" one either. They were refused registration on the grounds that their proposed mark (for a logo no less) was confusingly similar to someone else's prior registration for a mark which, itself, disclaimed SEO as a generic term.

Ah, much better! I just couldn't think of the appropriate terms to use, thanks
for the detailed explanation.

Darn it, I just remembered that button you mentioned detailing the history, so
I finally checked it out. And yup, just like you said.

Yeesh.

**clasione** · 05-12-2005, 10:43 AM

Originally Posted by davezan1

Ah, much better! I just couldn't think of the appropriate terms to use, thanks
for the detailed explanation.

Darn it, I just remembered that button you mentioned detailing the history, so
I finally checked it out. And yup, just like you said.

Yeesh.

Good post though Dave, it lead me in the right direction... Got the print out I need...

**jberryhill** · 05-12-2005, 10:33 PM

Darn it, I just remembered that button you mentioned detailing the history, so
I finally checked it out. And yup, just like you said.

You can do better than that. Copy the application number to your clipboard, click back to the uspto home page, click on "view documents", paste the application number into the appropriate box, hit "retrieve" (or whatever - I'm not looking right now)...

Now you have lniks to .pdf files of each of those papers referenced in the "view status" listing you were looking at before. THAT is where you get the material quoted from the papers which I posted above in the thread.