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Illegal?


SatinDucky

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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?

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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.

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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.

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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

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