Put An END To TradeMark Bullying!
- by: Mike Murphy
- recipient: USPTO & Attorneys
At its most fundamental level, a trademark is
a reference to the person or entity responsible for the quality of a
product or service. Trademarks serve two main functions:
• Consumer protection – protecting a consumer’s expectation of
consistent quality and brand protection.
• Brand protection – protecting the brand owner’s investment in
developing and meeting those expectations.
The factors determining if your trademark has been infringed upon are the following:
• the similarity of the marks in appearance, sound and
connotation (sight, sound and meaning) and overall commercial
impression;
• the nature and similarity of the goods or services;
• the similarity of established, likely-to-continue marketing and
distribution channels;
• the purchaser’s sophistication (eg, impulse buy or carefully
made decision);
• the prior mark’s fame (eg, sales, advertising, length of use);
• the number and nature of similar marks in use on similar goods;
• the nature and extent of any actual confusion;
• whether there has been concurrent use without actual
confusion;
• the variety of goods on which the mark is used (eg, house marks,
family marks or product marks);
• interactions between the parties:
• consent agreements;
• concurrent use agreements;
• contractual relationships between the parties; and
• rights holder’s delay in acting on knowledge of
infringement;
• the extent to which the rights holder’s rights are exclusive;
• the extent and degree of potential confusion; and
• any other relevant facts.
You should sign this petition telling the USPTO to seriously police duplicate trademarks coming in for registration rather than accept them. Close marks force duplications because the classes within those marks are too similar. So the need to litigate to defend what's yours, well what if you can't afford to defend? You have spent tons and years of developing your mark. Now what? Sue or get killed? Litigation hurts.
WHAT DO WE MEAN? OK: We are saying the USPTO should NOT be charging consumers, brand owners looking for the protection not just the registration of their brand mark something that can cost upwards into thousands.
“Who steals my purse steals trash…But he that filches from me my good name robs me of that which not enriches him and make me poor indeed.”
–Othello, Act 3
The forum for the lawsuit is really not the jurisdication of the courts. Creating havoc, clutter, tax payer dollars, and damaging the small guy trying to defend themselves against the Goliath giant..increasingly, it has become close to impossible for the little guy to stay afloat against heavy-handed lawsuits with deep-pocketed large corporations.
The United States is a country driven on the survival of small and independently owned businesses, our economy thrives off of these type of businesses. Trademark bullies are well aware of the fact that many small competitors cannot afford the costs associated with prevailing in court. At the end of an enduring litigation, they can leave the independently owned business penniless.
Is there no meaning or value to a Trademark?
Having you sign this petition will aid our fight against the serious crime of Trademark Bullying .
Remember, this can happen to anyone.
CLICK on the Link Below to read further into the matter.
Contact us at info@acmrecords.com
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