Re: Trademarks

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----- Original Message ----- 
From: "Eucoder"
Sent: Thursday, October 21, 2004 9:27 AM
Subject: Re: Trademarks


> 
> posted by: Eucoder
> 
> I just wanted to throw my two cents into this because I have experience with
> Trademark issues.
> You can trademark generic words/names that are associated with a product, and
> two or more
> people/companies can trademark the same word/name as long as it is not in the
> same category.
> Example: If a software company trademarks the name "Freeze", an air
> conditioning company
> can also trademark the same name, because the two are in different categories.

> You can also legally trademark a product without registering with your local
> government
> trademark agencies. The "TM" and "R" symbol are both legitimate trademarks

TRUE

> , but the TM symbol can be used by anyone,

TRUE, at no cost.

>  and the R symbol can only be issued by a government agency.

FALSE
TM means Trademark
R means Registered Trademark.
As in it has been paid for.  You pay for the Trademark to be registered.
TM can be applied without payment.
R requires payment.

> If you use a TM symbol, you have to make sure that the word/name you are trade
> marking is
> not being used by anyone else in your category. If a dispute arises you have
> to prove you
> starting using the TM first.
>
> We had an issue with a software company named Chapura. They starting selling a
> product
> called Cloak: http://www.chapura.com/cloak.php
> 
> Cloak is the name of a software product we sell, and have been selling for
> more than 3 years.
> We started using the Cloak trademark before them, and they had to change the
> name of the
> product for their new version.

    unkmar

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