Plant Database forum: Dead Trademark

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Name: Evan
Pioneer Valley south, MA, USA (Zone 6a)
Charter ATP Member Plant Database Moderator Forum moderator Aroids Irises Celebrating Gardening: 2015
I was one of the first 300 contributors to the plant database! Tropicals Foliage Fan Bulbs Hummingbirder Lover of wildlife (Black bear badge)
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eclayne
Jun 10, 2012 7:39 PM CST

Plants Admin

When a Trademark is abandoned/dead do we eliminate the TM, ...?
ex.
DB entry: Leucanthemum Stardust Daisy™
TM: ]http://www.ptodirect.com/Results/Trademarks?query=%28%28Star...
Patent: http://www.ptodirect.com/Results/Patents?query=PN/%28pp14289...
Seller: http://www.provenwinners.com/plants/leucanthemum/stardust-da...

Or is it a TM instead of ® because it's dead?
Evan
Name: Monica
Texas Gulf Coast (Zone 9b)
Sweat Weather, Not Sweater Weather
Plant Lover: Loves 'em all! Foliage Fan Enjoys or suffers hot summers Region: Gulf Coast Multi-Region Gardener Seed Starter
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krancmm
Jun 10, 2012 9:20 PM CST
Why do you think this is not an active trademark? Proven Winners is still using it.

"If you claim rights to use a mark, you may use the “TM” (trademark) or “SM” (service mark) designation to alert the public to your claim of ownership of the mark, regardless of whether you have filed an application with the United States Patent and Trademark Office (USPTO). However, you may only use the federal registration symbol “®” after the USPTO actually registers a mark, and not while an application is pending. You may only use the registration symbol with the mark on or in connection with the goods/services listed in the federal trademark registration." http://www.uspto.gov/trademarks/basics/BasicFacts_with_corre...

The above excerpt was part of the whole discussion under the seeds thread...that anyone can use a TM at any time. It doesn't have to be registered with anyone.

"Registering a trademark heightens the protection it receives, deters others from using your trademark, and increases the remedies should someone infringe upon the trademark." http://www.registeringatrademark.com/why-register-trademark....

The PTO Direct site you referenced states: "PTO Direct was created by patent and trademark professionals for professionals, companies and individuals who need to search US Patent and Trademark Office Records."

If the trademark isn't registered, it won't appear in any USPTO records, hence not on PTO Direct. It can still be a valid trademark in use, just without those extra protections that registering gives.

If a registered tm or regular tm was abandoned, then the plant would just be listed by the patent name or a cultivar name, unless someone comes up with a new TM name for it.

Just my interpretation of all this hoo-ey.





Monica
Name: Dave Whitinger
Jacksonville, Texas (Zone 8b)
Charter ATP Member Region: Texas Master Gardener: Texas Permaculture Raises cows I was one of the first 300 contributors to the plant database!
Garden Ideas: Master Level Beekeeper Garden Sages Avid Green Pages Reviewer Celebrating Gardening: 2015 Plant Identifier
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dave
Jun 11, 2012 7:13 AM CST

Garden.org Admin

Nothing to add. Monica answered it perfectly.
Name: Evan
Pioneer Valley south, MA, USA (Zone 6a)
Charter ATP Member Plant Database Moderator Forum moderator Aroids Irises Celebrating Gardening: 2015
I was one of the first 300 contributors to the plant database! Tropicals Foliage Fan Bulbs Hummingbirder Lover of wildlife (Black bear badge)
Image
eclayne
Jun 11, 2012 2:31 PM CST

Plants Admin

I've never run cross an abandoned/dead registered trademark before. I wonder how common they are?
Evan

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