3 ms·

You're confusing copyright and trademark. If he didn't challenge the trademark registration in the required period he will have a nearly impossible time challen

You're confusing copyright and trademark. If he didn't challenge the trademark registration in the required period he will have a nearly impossible time challenging it now.

rexreed 13y ago
You don't lose rights to a pre-existing mark, even if someone subsequently registers it. And a challenge is only valid during an opposition period for a registered mark. This mark is not yet registered! So yes, he could challenge it during opposition. As indicated by the USPTO TESS Database, the mark was filed on April 9, 2013, but it hasn't even been processed, let alone registered by the US PTO [5]. This means that the opposition period hasn't come yet. That means that oh yes sirree, Turner definitely has a chance to oppose this mark! And oppose he will. And win he will. So, nothing lost here. A TM symbol confers no rights to the claimant other than common law rights, which Turner has a pre-existing claim on. But he wouldn't even need to challenge it - a subsequent registration does not entitle ownership for pre-existing marks. See all the citations below [1-4] [1] http://www.bitlaw.com/trademark/common.html http://www.bitlaw.com/trademark/common.html [2] http://www.uspto.gov/faq/trademarks.jsp#_Toc275426712 http://www.uspto.gov/faq/trademarks.jsp#_Toc275426712 [3] http://tcattorney.typepad.com/ip/2008/06/what-are-common.html http://tcattorney.typepad.com/ip/2008/06/what-are-common.htm... [4] https://en.wikipedia.org/wiki/Trademark#Enforcing_rights https://en.wikipedia.org/wiki/Trademark#Enforcing_rights [5] http://tess2.uspto.gov/bin/showfield?f=doc&state=4808:jyex1k.2.1 http://tess2.uspto.gov/bin/showfield?f=doc&state=4808:jyex1k...
- comrade1 13y ago
  Ah, great. So he does have time to oppose it. Even though it's relatively simple to oppose he'll probably still have to put up a ~$6K retainer for a lawyer to oppose. And if he wanted to challenge their use of his trademark (even though he didn't register yet) he'd probably have to pay out ~$25K for a retainer, but realistically, he'd probably spend around $50k to challenge use of the trademark. Further, if he wasn't using the trademark for commerce but the new registration is using it for commerce he isn't guaranteed to win. Trademark is not the same as copyright - that's why apple can take over the apple trademark for music.
- anigbrowl 13y ago
  That's all fine, but in the meantime his business model has fallen apart and his opposition to the marketing firm has zero economic value. He can relaunch, most likely, but it's going to be a lot more expensive and time-consuming than filing for a mark in the first place would have been.
deleted 13y ago
[deleted]

You're confusing copyright and trademark. If he didn't challenge the trademark registration in the required period he will have a nearly impossible time challenging it now.

rexreed 13y ago

You don't lose rights to a pre-existing mark, even if someone subsequently registers it. And a challenge is only valid during an opposition period for a registered mark. This mark is not yet registered! So yes, he could challenge it during opposition. As indicated by the USPTO TESS Database, the mark was filed on April 9, 2013, but it hasn't even been processed, let alone registered by the US PTO [5]. This means that the opposition period hasn't come yet. That means that oh yes sirree, Turner definitely has a chance to oppose this mark! And oppose he will. And win he will. So, nothing lost here. A TM symbol confers no rights to the claimant other than common law rights, which Turner has a pre-existing claim on. But he wouldn't even need to challenge it - a subsequent registration does not entitle ownership for pre-existing marks. See all the citations below [1-4] [1] http://www.bitlaw.com/trademark/common.html http://www.bitlaw.com/trademark/common.html [2] http://www.uspto.gov/faq/trademarks.jsp#_Toc275426712 http://www.uspto.gov/faq/trademarks.jsp#_Toc275426712 [3] http://tcattorney.typepad.com/ip/2008/06/what-are-common.html http://tcattorney.typepad.com/ip/2008/06/what-are-common.htm... [4] https://en.wikipedia.org/wiki/Trademark#Enforcing_rights https://en.wikipedia.org/wiki/Trademark#Enforcing_rights [5] http://tess2.uspto.gov/bin/showfield?f=doc&state=4808:jyex1k.2.1 http://tess2.uspto.gov/bin/showfield?f=doc&state=4808:jyex1k...

comrade1 13y ago
Ah, great. So he does have time to oppose it. Even though it's relatively simple to oppose he'll probably still have to put up a ~$6K retainer for a lawyer to oppose. And if he wanted to challenge their use of his trademark (even though he didn't register yet) he'd probably have to pay out ~$25K for a retainer, but realistically, he'd probably spend around $50k to challenge use of the trademark. Further, if he wasn't using the trademark for commerce but the new registration is using it for commerce he isn't guaranteed to win. Trademark is not the same as copyright - that's why apple can take over the apple trademark for music.
anigbrowl 13y ago
That's all fine, but in the meantime his business model has fallen apart and his opposition to the marketing firm has zero economic value. He can relaunch, most likely, but it's going to be a lot more expensive and time-consuming than filing for a mark in the first place would have been.

deleted 13y ago

[deleted]