At 03:01 PM 2/16/99 -0800, you wrote:
>
>One of my reaons for sayig this is the this appears to be an attempted
>cure for the "TM" conflict with DNS. My reaction is to suggest that
>we accepot this as soon as the TM industry sets up rules wher-in all
>TM onwers must always accompany their TM names with the TM category in
>which they are registered, when used in public.
>
>Cheers...\Stef
They already do -- except for the CocaCola signs on the sides
of barns. All trademarks or service marks are used "in connection
with" the goods or services -- otherwise they would not "mark" the
source of the goods or services. If you see a trademark on almost
any piece of paper, it will be on the goods and/or attached to a
box containing the goods; or alternatively, it will be on letterhead,
web pages, advertisements, etc. for services as well as for goods.
That's the only way in which trademark "rights" can be obtained.
If by the above you mean it is necessary to recite the classification
of the trademark, that will not fly, and in any case the classification
is only a device for the purpose of the USPTO in any event, and does
not define the scope of the goods or services encompassed by the
mark.
If by the above you mean that the owner of the registration must
display the listing of goods and services in the registration certificate,
well, that DOES define the scope of the mark, but it won't fly.
What seekers of domain names might do is apply for trademark
registration as soon as the web site is up; the USPTO will then
start up the comparison with similar marks and get the whole
mess over with.
Bill Lovell
If
Bill Lovell
