Membership is FREE – with unlimited access to all features, tools, and discussions. Premium accounts get benefits like banner ads and newsletter exposure. ✅ Signature links are now free for all. 🚫 No AI-generated (LLM) posts allowed. Share your own thoughts and experience — accounts may be terminated for violations.

what does this mean?

Status
Not open for further replies.

jberryhilljberryhill is verified member.

Philadelphia Lawyer
The Originals
Legacy Exclusive Member
Joined
Oct 8, 2002
Messages
2,588
Reaction score
23
It could mean any of several things, depending on the type of record you are looking at.

Maybe it's an abandoned application, maybe it's a non-renewed registration, maybe it was cancelled in an inter partes proceeding, maybe it's an ITU and they never got around to submitting their affidavit of use, maybe something else entirely.
 

stuff

Mr Domeen
The Originals
Legacy Exclusive Member
Joined
Mar 30, 2002
Messages
4,356
Reaction score
35
jberryhill said:
It could mean any of several things, depending on the type of record you are looking at.

Maybe it's an abandoned application, maybe it's a non-renewed registration, maybe it was cancelled in an inter partes proceeding, maybe it's an ITU and they never got around to submitting their affidavit of use, maybe something else entirely.

Thanks, the term is "wave tools" -- and there are 3 records and they all seem dead! Is this term still TM?
 

markk

New Member
The Originals
Legacy Platinum Member
Joined
Dec 6, 2004
Messages
34
Reaction score
0
I don't think its still TM'd once it's dead
 

stuff

Mr Domeen
The Originals
Legacy Exclusive Member
Joined
Mar 30, 2002
Messages
4,356
Reaction score
35
markk said:
I don't think its still TM'd once it's dead

Thanks, thats what I was thinking also.
 

jberryhilljberryhill is verified member.

Philadelphia Lawyer
The Originals
Legacy Exclusive Member
Joined
Oct 8, 2002
Messages
2,588
Reaction score
23
I don't think its still TM'd once it's dead

Whether someone allowed their federal registration to lapse does not necessarily indicate that they are not still trading under that name and retain common law rights.

My automobile registration might lapse, but I still own the car.

Worn-out statement #37: The best trademark database is Google.
 

stuff

Mr Domeen
The Originals
Legacy Exclusive Member
Joined
Mar 30, 2002
Messages
4,356
Reaction score
35

FineE

New Member
The Originals
Legacy Platinum Member
Joined
Mar 16, 2002
Messages
314
Reaction score
1
jberryhill said:
Worn-out statement #37: The best trademark database is Google.

It is a very useful way to find existing trademark rights no doubt, but isn't also quite possible to aquire perfectly valid trademark rights and not be in google at all?
 

diverge

DNF Addict
The Originals
Legacy Exclusive Member
Joined
Apr 18, 2003
Messages
1,443
Reaction score
0
Does anyone know a good (read: cheap) bulk online trademark filing I.P. attorney? This would make a great service. File domainer's marks with the USPTO with the minimum required information, thereby trumping "common law" marks.

I see an online form that asks a few questions, analyzes response for validity and ability to satisfy USPTO's requirements, charges credit card a competitive fee, then files for the TM on their behalf. Anything like this exist? If so, where? If not, why not?
 

jberryhilljberryhill is verified member.

Philadelphia Lawyer
The Originals
Legacy Exclusive Member
Joined
Oct 8, 2002
Messages
2,588
Reaction score
23
If so, where? If not, why not?

If you want to fill out a form, and charge a fee to your credit card, you can do it at the uspto.gov site.

That doesn't change the fact that it will still cost $350 a pop, and that will still be money down the toilet if you don't know what you are doing.

isn't also quite possible to aquire perfectly valid trademark rights and not be in google at all?

It sure is. But figuring out with Google whether there are one or more parties having a strong association with a distinctive term is orders of magnitude better than some of the wild interpretations people ascribe to things they do or don't find in the USPTO TESS database.
 
Status
Not open for further replies.
Top Bottom