Hi all,
According to http://www.uspto.gov/web/offices/tac/doc/basic/basic_facts.html,
you have to have used, or intend to use, a name "in commerce" in order to
apply for trademark status for the name. A freeware developer by definition
does not intend to use the name of a freeware product in commerce. Is it
thus illegal for a freeware developer to attempt to trademark a freeware
product name? On the other hand, does the law forbid a noncommercial
organization from using a trademarked term in its literature?
I wonder if my predicament has ever been tested in court, i.e., a
noncommercial organization being sued by a commercial organization for
trademark infringement.
- Paul
