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Re: Lines of development


From: Derek Robert Price
Subject: Re: Lines of development
Date: Thu, 06 Mar 2003 14:03:46 -0500
User-agent: Mozilla/5.0 (X11; U; Linux i686; en-US; rv:1.0.2) Gecko/20030208 Netscape/7.02

Kevin Wang wrote:

From Derek Robert Price
You can also do a trademark search online http://www.uspto.gov/ though
remember it's just a "layman's search" and not a thorough legally binding
search.

"lines development" turned up nothing.  I'd ignore them or wait until
they provide trademark registration documents.

Not that I'm a lawyer or anything...

Actually, I did some reading on the USPTO web site and discovered that you can defend a trademark without registering it. There are "common law" rights that allow an entity to establish a trademark through simple use of the trademark.

Of course, a trademark is supposed to be "used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods," so I think I am in the clear since anything that is already in common usage before the attempt to establish a trademark cannot be used to "distinguish the goods of one manufacturer...from...goods manufactured or sold by others."

Of course, I'm not a lawyer either.

Thanks for your input,

Derek

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