laser-lovers@uw-beaver (04/28/85)
From: Chuck Bigelow <CAB@SU-AI.ARPA>
In the U.S. and many other countries, the names of typefaces
may be protected by Trademark. In the U.S., the trademark is
acquired by use, but the claim is significantly strengthened
by registration of a trademark with the U.S. Patent and Trademark Office.
The PTO publishes an index to registered Trademarks. This index can
usually be consulted in a public or university library. Many firms,
and their attorneys, take Trademarks very seriously.
A brief examination of the Trademark index a few years ago showed that
many familiar typeface names are Registered Trademarks. Helvetica,
Times Roman, Optima, and Palatino (to name just a few familiar faces)
are among them. Typeface names may be registered under different
classes of merchandise, though registration in one class is usually
sufficient protection. Listed below are the names, dates, and numbers
of several registered typeface Trademarks, taken from class 50
("merchandise not otherwise classified") of the PTO Trademark index:
The following were Registered Trademarks of the Eltra Corporation
(now owned by Allied, and originally Mergenthaler Linotype):
Helvetica: 3/21/67 825,989
Times Roman 10/30/45 417,439
Optima 3/21/67 825,988
Palatino 3/21/67 825,987
I am not an attorney, and do not offer advice on whether or not
it is wise to infringe Registered Trademarks. However, I have seen
published letters from an Allied Corporate attorney on the subject
of Trademark infringement, and I have raised the subject with other
trademark and copyright attorneys, when registering trademarks for
designs from my own studio. The lawyers all agreed that Trademarks,
especially Registered Trademarks, can be successfully protected
through litigation.
--Chuck Bigelow
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