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Subject: 
Re: Brickfest(sm) Service Mark
Newsgroups: 
lugnet.events, lugnet.org.us.lugola
Date: 
Thu, 19 Jul 2001 15:34:53 GMT
Viewed: 
1396 times
  
In lugnet.events, Matthew Gerber writes:
Servicemarks are usually saved for temporary things. Example: a tag line in
a quarterly advertising campaign...you want to protect it for the life of
the campaign, but don't care beyond that.


IANAL, but the one I spoke with said to use SM because the event is a service,
not a product.  I don't think it has anything to do with temporary/long term
use.  A quick search of the net indicates that TM and SM are functionally
equivalent but TM applies to goods and SM applies to services.  Both
hold little legal value and are mainly psycological.  Both basically
mean that you are putting people on notice that you intend to assert
trademark rights.  Because it is mainly psycological, I suspect that people
use TM instead of SM in many cases because TM is more recognized.

Also, since circle R only applies to federally registered
trademarks/servicemarks, just seeing TM/SM does not mean that it is not
registered in a state.  If you run a local gas station, you would not be able
to nationally register a trademark for it, but you might be able to register it
with the state.

KL



Message is in Reply To:
  Re: Brickfest(sm) Service Mark
 
(...) Trademark is used for a name, phrase, logo, etc. identifying a product, usually registered (but not always...and not always necessary. First use usually will suffice as a trademark unless a real legal fight is engaged over it), and gives you (...) (23 years ago, 19-Jul-01, to lugnet.events, lugnet.org.us.lugola)

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