RootsWeb.com Mailing Lists
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    1. [BOARD-L]
    2. kshort
    3. After due consideration, we recommend that the AB apply for the Service Mark "The USGenWeb Project" , as soon as possible. Along those lines, after reading reams of stuff about TM's, SM's etc, we should have Linda Lewis write a letter stating she has no objection to us doing this. After studying the information available on line in regard to the legalities involved, the only way there would be a clash would be if Linda filed an objection to the Project acquiring the SM's. There is not any reason to ask Ms Lewis to write such a letter, the AB can file for the mark "The USGenWeb Project" or "USGenWeb" however they decide is best for them. Another recommendation is the following: I suggest that we recommend that a disclaimer be filed with the application. This disclaimer would be to the effect that exclusive use of the words "The" and "Project" were not being requested EXCEPT in the context of the mark. This done in an attempt to expedite things. Otherwise, that request will be made by the USTPO and slow the approval of the mark down. I would also recommend that the difference between a service mark and collective service mark be ascertained, so that the Project acquires the one most applicable to the situation. IMHO this would be a collective service mark. For information purposes I have included the definitions of a Trademark, Service Mark and a Collective Mark. I have also included the URL for folks to read a FAQ for themselves. It is highly recommended that every board member read the FAQ listed below. Ken Short Chairman TM Committee http://www.uspto.gov/web/offices/tac/tmfaq.htm#DefineCollMark What is a trademark? A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name. What is a service mark? A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services. What is a collective mark? A collective mark is a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark which indicates membership in a union, an association, or other organization.

    10/19/2000 08:19:13