Just to clarify the U.S. trademark point raised here ...
The fact that it is in the mail, in progress, or whatever is really
immaterial.
It is not at all unusual for the formal application for trademarks, service
marks, patents, copyrights, etc. to come months or even years after the
product's introduction. According to my Patent Attorney, you are generally
protected so long as you can demonstrate proof of 'first use' in the event
of a dispute or contest by another applicant.
For example, my company introduced a product in April of 1998 at a trade
show, but didn't start the wheels in motion to secure the trademark until a
few months ago (lawyers cost $$$!). Among the exhibits our attorney is
filing with our application is a trade publication reporting on the show
where our product was mentioned and copies of literature and logos we used.
Monty, David and their associates can point to mountain of magazine
articles, trade publications, websites, etc. to prove their claim of first
use.
In the same vein ... they must aggressively pursue their disagreement with
NuSphere. Failure to take legal action to protect a trademark or service
mark would be serious mistake, and could result in them losing any
protections they would otherwise have.
Gerald Jensen
database,sql,query,table
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