At 06:19 PM 7/19/99 -0700, you wrote:
>At 08:49 PM 7/19/99 -0400, you wrote:
>>At 05:43 PM 7/19/99 +0100, you wrote:
>>>Gene and all,
>>>
>>> Of course you are correct. However I was eluding to the fact that
>>>CORE "Could" make this claim given the circumstances in order
>>>to strengthen their position, and cast a shadow over IOD and their
>>>claim to .WEB from a legitimate "Use" position.
>>>
>>> It should also be noted that I did not see a TM filing listed on .WEB by
>>>IOD, though there very well may be one. However there is one pending
>>>from a CORE member with the USPTO.
>>>
>>
>>If the USPTO is true to form, their due diligence will uncover prior use as
>>a "service mark", therefore rendering the CORE application null and void.
>
>The USPTO does not do independent searches out in the market place for
>prior use, either in trademarks or indeed patents. It is up to someone
>opposing
>a trademark issuance to file an Opposition; that is why trademark and service
>mark applications, once they pass muster based on records within the USPTO
>itself, are "published for opposition" so that any opposers not already aware
>of the filing can file an Opposition. (I'm not involved in the case, and
>am not
>advising about it, but I do feel obliged to correct common misconceptions
>like
>this one.)
Bill,
I sit corrected. I should have stated, "If the due diligence which is
normally performed as a part of the USPTO process is followed, this should
come to light and be addressed."
Gene...
>>
>>>Gene Marsh wrote:
>>>
>>>> Abandonement, in legal terms, has specific meaning. Intellectual
property
>>>> typically must be unused (and unmarketed) for a period of 2 years or more
>>>> to even be considered abandoned.
>
>And so what law library did that come out of? Abandonment is a very
>fact-specific issue, revolving around intent more than anything else,
>so there are no such hard and fast rules.
>
>It may also be noted as another part of basic trademark law that in the U. S.
>trademarks and service marks are earned by use in commerce, not by filing
>registration applications.
>
>Bill Lovell
>
>
>
++++++++++
Gene Marsh
president, anycastNET Incorporated
330-699-8106
