Re: Lines of development

[Derek Robert Price]

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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