what does this mean?

[stuff]

Hi

When I search here for tm:

http://tess2.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk

and a tm shows that its dead? what does this mean?

Thanks

 

[jberryhill]

It could mean any of several things, depending on the type of record you are looking at.

Maybe it's an abandoned application, maybe it's a non-renewed registration, maybe it was cancelled in an inter partes proceeding, maybe it's an ITU and they never got around to submitting their affidavit of use, maybe something else entirely.

 

[stuff]

It could mean any of several things, depending on the type of record you are looking at.

Maybe it's an abandoned application, maybe it's a non-renewed registration, maybe it was cancelled in an inter partes proceeding, maybe it's an ITU and they never got around to submitting their affidavit of use, maybe something else entirely.

Thanks, the term is "wave tools" -- and there are 3 records and they all seem dead! Is this term still TM?

 

[markk]

I don't think its still TM'd once it's dead

 

[stuff]

I don't think its still TM'd once it's dead

Thanks, thats what I was thinking also.

 

[jberryhill]

I don't think its still TM'd once it's dead

Whether someone allowed their federal registration to lapse does not necessarily indicate that they are not still trading under that name and retain common law rights.

My automobile registration might lapse, but I still own the car.

Worn-out statement #37: The best trademark database is Google.

 

[Vivvy]

This is an interesting convo:

http://www.intelproplaw.com/Forum/Forum.cgi?board=trademark;action=display;num=1090827878

Vivvy

 

[stuff]

Ok, thanks

 

[FineE]

Worn-out statement #37: The best trademark database is Google.

It is a very useful way to find existing trademark rights no doubt, but isn't also quite possible to aquire perfectly valid trademark rights and not be in google at all?

 

[diverge]

Does anyone know a good (read: cheap) bulk online trademark filing I.P. attorney? This would make a great service. File domainer's marks with the USPTO with the minimum required information, thereby trumping "common law" marks.

I see an online form that asks a few questions, analyzes response for validity and ability to satisfy USPTO's requirements, charges credit card a competitive fee, then files for the TM on their behalf. Anything like this exist? If so, where? If not, why not?

 

[jberryhill]

If so, where? If not, why not?

If you want to fill out a form, and charge a fee to your credit card, you can do it at the uspto.gov site.

That doesn't change the fact that it will still cost $350 a pop, and that will still be money down the toilet if you don't know what you are doing.

isn't also quite possible to aquire perfectly valid trademark rights and not be in google at all?

It sure is. But figuring out with Google whether there are one or more parties having a strong association with a distinctive term is orders of magnitude better than some of the wild interpretations people ascribe to things they do or don't find in the USPTO TESS database.