SatinDucky Posted September 20, 2005 Share Posted September 20, 2005 Is it illegal or just immoral to publicly claim a trademark, in writing even? Quote Link to comment Share on other sites More sharing options...
scrubzz Posted September 20, 2005 Share Posted September 20, 2005 Not that I would know anyway but you kinda lost me there - Is this asking about someone who is claiming a trademark that belongs to someone else is their's or claiming they have something trademarked when it actually isn't trademarked, or what? Quote Link to comment Share on other sites More sharing options...
StacysScentsations(DH) Posted September 20, 2005 Share Posted September 20, 2005 if it is a registered trademark it is illegal. really illegal to use someone elses and then the line blurs with altering it. example someone here got a cease and dissest letter from yankme for using the word '"tart" for waxmelts. They can do that as they own the trademark. However they cannot go after kellogs for "poptarts" because it doesnt infringe on their trademark. Quote Link to comment Share on other sites More sharing options...
ignitethesenses Posted September 20, 2005 Share Posted September 20, 2005 or claiming they have something trademarked when it actually isn't trademarked, or what? If that's what you are referring to.....(taken from uspto site...)Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Quote Link to comment Share on other sites More sharing options...
SatinDucky Posted September 20, 2005 Author Share Posted September 20, 2005 If that's what you are referring to.....(taken from uspto site...)Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending.I didn't mean useing someone else's. I was talking about claiming one that doesn't exist. According to TESS, not even pending. But I guess that answers it...I should have read more while I was there :embarasse Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.