[GRASS5] Re: [PLUG] Trademarks (fwd)

[Rich Shepard]

Markus,

  Take a look at these. Also, I reproduce below the first paragraph of one
of the articles:

Basic Facts About Registering a Trademark
By the U.S. Patent and Trademark Office

Establishing Trademark Rights 

Trademark rights arise from either (1) actual use of the mark, or (2) the
filing of a proper application to register a mark in the Patent and
Trademark Office (PTO) stating that the applicant has a bona fide intention
to use the mark in commerce regulated by the U.S. Congress. Federal
registration is not required to establish rights in a mark, nor is it
required to begin use of a mark. However, federal registration can secure
benefits beyond the rights acquired by merely using a mark. For example, the
owner of a federal registration is presumed to be the owner of the mark for
the goods and services specified in the registration, and to be entitled to
use the mark nationwide.

  Note point 1. GRASS has documented, prior use of "r.mapcalc" that
establishes the right long before Joe Berry sold pMap and the buyer decided
to rename it MapCalc.

  I think we're all in good shape here.

Rich

Dr. Richard B. Shepard, President

                       Applied Ecosystem Services, Inc. (TM)
              Making environmentally-responsible mining happen. (SM)         
                       --------------------------------
            2404 SW 22nd Street | Troutdale, OR 97060-1247 | U.S.A.
 + 1 503-667-4517 (voice) | + 1 503-667-8863 (fax) | rshepard at appl-ecosys.com

---------- Forwarded message ----------
From: frank hudson <fhudson at aracnet.com>

 Rich, take a peek at this web site (
www.gigalaw.com/articles/trademarks.html).  This site has several short but
informative articles on trademark law.

Frank



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