W8SDZ@SIMTEL20.ARMY.MIL (Keith Petersen) (09/18/88)
Note that it is not possible to claim trademark infringement if you
haven't claimed mark! You don't claim a mark as being yours by filing
a suit making that claim. Where do you find "ARC" being claimed as a
trademark of SEA prior to the suit, except in the suit itself? Did
SEA advertise the ARC product? If so, look in the ad. Was there a
claim that the mark ARC was their trademark? Look in the distributed
SEA files. Is there a claim anywhere?
There are some basic requirements to register a trademark:
1. The mark must be associated with a product being sold.
Some shareware is in a gray area when that shareware does not require
you to purchase the product after some evaluation period. Requesting
a contribution or donation or similar terms does not necessarily mean
the product is being sold.
2. The mark must be CLAIMED as a mark associated with that product
for at least ONE YEAR prior to filing to register the mark.
To claim a mark as your trademark, you must clearly indicate what is
being claimed as the mark, usually with the symbol "tm" adjacent to
the mark and the words "xxx is a trademark of yyy." That claim must
consistently appear in your advertising, documentation, etc., of that
product.
3. The claimed mark must be defended, even after it has been
registered, by notifying another company of your prior claim to the
mark when that other company attempts to use or claim that mark for
their product in the same or related field.
4. Once the mark has been registered, you must file proof every five
years that the product associated with that mark is still being sold
or offered for sale.
--Keith Petersen
Maintainer of the CP/M and MSDOS archives at SIMTEL20.ARMY.MIL [26.0.0.74]
Arpa: W8SDZ@SIMTEL20.ARMY.MIL
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