Chris: Once again thanks for your clarifications. http://alfredo.abambres.com
*"Moving, always moving, and living inside movement". Rainer Maria Rilke* On Wed, Jun 5, 2013 at 9:44 AM, Chris Mear <[email protected]> wrote: > On Tue, Jun 4, 2013 at 11:20 PM, Chris Mear > <[email protected]< > https://mail.google.com/mail/mu/mp/402/?source=na&hr=1&hl=en-GB>> > wrote: > > > On 4 Jun 2013, at 20:03, Alfredo Abambres <[email protected]< > https://mail.google.com/mail/mu/mp/402/?source=na&hr=1&hl=en-GB> > > > > wrote: > > > > > Was the OpenWave logo submitted to the organization responsible for > > > certification of TM or R in the US or any other country by Google or > > Apache? > > > > > > If not, then we cannot (legally) use the TM symbol or the "trademark" > > word. > > > > The TM symbol is specifically for use on unregistered trademarks: > > > > > > > > http://www.inta.org/TrademarkBasics/FactSheets/Pages/TrademarkSymbolsFactSheet.aspx > > On Tuesday, 4 June 2013, Alfredo Abambres wrote: > > > Chris: thanks for the link. > > > > Copy/pasting the first point of the page: > > > > 1. What does the symbol TM mean? > > > > The symbol TM is used to provide notice of a claim of rights in a > > trademark. A TM is usually used in connection with an unregistered > > trademark and is used to inform potential infringers that a term, slogan, > > logo, or other indicator is being claimed as a trademark. Use of the > symbol > > TM does not guarantee that the owner's mark will be protected under > > trademark laws. > > > > --- > > > > It seems that we can use the TM if an "object" _is being claimed as a > > trademark_, however it doesn't guarantee any legal protection. > > > > So, my questions now are: What "is being claimed" means? Usage of the > > "mark" constitutes a "claim"? Or "is being claimed" means that "someone > > initiated a formal registration process for that mark"? > > > Nothing to do with formal registration (AFAIK. IANAL.). Rather, we are > making a public statement every time we use those marks that "we believe > these names/logos uniquely identify this particular product, and we think > this is important". That's all the claim is. > > In the future, if somebody else tries to use those marks in a > damaging/fraudulent way, we have some evidence we can point back to. We can > show that we've been using those names/logos as trademarks; the fact that > we put 'TM' next to them every time is a demonstration of that. > > This doesn't provide the same level of protection as an official > registration. But part of trademark law (and which is different from > copyright and patent law) is that you can claim a company has 'abandoned' a > trademark if they can't show evidence of using and protecting the > trademark. Using 'TM' helps us build up evidence that we are using and > protecting the trademark, without having to go through the (expensive, > time-consuming) process of registration. > > Chris >
