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In lugnet.market.theory, Calum Tsang writes:
> In lugnet.market.theory, Larry Pieniazek writes:
> > In lugnet.market.theory, Paul Klenk writes:
> > <snip>
> >
> > Posters have made a number of good points but I would like to point out that
> > this topic has come up before and those interested may want to do some
> > searching in market.theory where it tends to get discussed periodically...
> > they may discover tidbits not mentioned in this iteration.
> >
> > Please also note that Guild of Bricksmiths (not "Brick Guild") is a
> > trademarked name and should have a TM after it when first mentioned (or
> > somewhere on the page)... thanks!
> >
> > Larry Pieniazek, Bricksmith
> > Guild of Bricksmiths(tm): www.bricksmiths.com
> > Milton Train Works(tm): www.miltontrainworks.com
>
> Larry,
>
> Where is Guild of Bricksmiths (tm) trademarked? I've searched the US Patent
> and Trademark Office, http://www.uspto.gov/, and nothing turns up for Guild
> of Bricksmiths, or even just Bricksmiths:
>
> http://tess.uspto.gov/bin/gate.exe?f=tess&state=afeo3o.1.1
>
> IANAIL (I'm not an IP lawyer) but I didn't think American law (being a
> Canadian) allows for automatic trademarking, unlike automatic copyrighting
> of materials. Is it that if you put (tm) after anything, you're
> automatically afforded trademark provisions under American IP law? Sort of
> like, if I make a webpage, copyright to me is implied? Doesn't applying for
> trademarks mean a significant amount of legal fees?
Trademark law allows for protection for first use and continued assertation.
Registration is not required for protection, though a registered trademark
holds more weight in potental problem situations.
Check out this info (from: http://www.law.cornell.edu/topics/trademark.html):
-----
Trademarks are generally distinctive symbols, pictures, or words that
sellers affix to distinguish and identify the origin of their products.
Trademark status may also be granted to distinctive and unique packaging,
color combinations, building designs, product styles, and overall
presentations. It is also possible to receive trademark status for
identification that is not on its face distinct or unique but which has
developed a secondary meaning over time that identifies it with the product
or seller. The owner of a trademark has exclusive right to use it on the
product it was intended to identify and often on related products.
Service-marks receive the same legal protection as trademarks but are meant
to distinguish services rather than products.
In the United States trademarks may be protected by both Federal statute
under the Lanham Act, 15 U.S.C. §§ 1051 - 1127, and states' statutory and/or
common laws. Congress enacted the Lanham Act under its Constitutional grant
of authority to regulate interstate and foreign commerce. See U.S.
Constitution, Article 1, Section 8, Clause 3. A trademark registered under
the Lanham Act has nationwide protection. See § 1115 of the Act.
Under the Lanham Act, a seller applies to register a trademark with the
Patent and Trademark Office. The mark can already be in use or be one that
will be used in the future. See § 1051 of the act. The Office's regulations
pertaining to trademarks are found in Parts 1 - 7 of Title 37 of the Code of
Federal Regulations. If the trademark is initially, approved by an examiner,
it is published in the Official Gazette of the Trademark Office to notify
other parties of the pending approval so that it may be opposed. See §§ 1062
- 1063 of the Act. An appeals process is available for rejected
applications. See §§ 1070 - 1071 of the Act.
Under state common law, trademarks are protected as part of the law of
unfair competition. Registration is not required. See Unfair Competition.
States' statutory provisions on trademarks differ but most have adopted a
version of the Model Trademark Bill (MTB) or the Uniform Deceptive Trade
Practices Act (UDTPA). The MTB provides for registration of trademarks while
the UDTPA does not.
Further protection of trademarks is provided by the Tariff Act of 1930. See
19 U.S.C. § 1526.
-----
That covers GoB and their need to protect their name. Can folks stop busting
their balls over it now? (Not you Calum...you asked quite nicely!)
Matt
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