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Some research I did on the matter from USPTO sources and our own USDOCs library
here at Univ.of Georgia suggests that (sm) is in fact (TM) or ™. The (sm) is
not even recognized as an abbreviation and a call to a local patent attorney
indicated that the WAMALUG members should be extermely careful when discussing
their term "Brickfest" and its implied trademark. We spoke briefly about their
Logo on the back of the T-shirts and its use elsewhere, and I mentioned that
they had received permission from Lego for its use in this event. He suggested
that they obtain that permission in writing and they actively take steps to
officially trademark or servicemark (which is a trademark as others have
pointed out) the phrase "Brickfest" and that they do so with full communication
with The LEGO® Group. He doubts The LEGO® Group; will allow the logo to be
included in the trademark application.
Of course, the expense of doing so, well over $1000 dollars from actually
filling to attorney's fees, might be prohibitively expensive for the WAMALUG
members. Even volunteer legal services will not be able to overcome the $350
dollar initial filing fee.
But be assured WAMALUG members, I, or for that matter it seems anyone else
planning to hold a local or regional event of AFOL's and CFOL's (child fans of
LEGO®), have no interest in the term "Brickfest™." My interest was purely
in academically learning the differences among ™, (sm), ©, and ®.
And for those planning to use the name outside of WAMALUG™, may all your
Legos suffer the tiny slings and arrows of countless children and mini-figs
hell bent on illustrating that ABS plastic does break and melt. ;^) (just
kidding).
Todd
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Message has 1 Reply:
Message is in Reply To:
 | | Re: Brickfest(sm) Service Mark
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| (...) About a servicemark being temporary? I am sure that they are used in this way in many cases. A servicemark can be given to anything, and some folks do use them for long term service, but in the case of infringement, they have much less legal (...) (23 years ago, 19-Jul-01, to lugnet.events, lugnet.org.us.lugola)
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