Re: [DML] DMC Logo

[Marc Levy <malevy_nj@xxxxxxxxx>]

Use of the DMC Logo did pre-date the DMCH
registration, yet the trademark office accepted it.

As you point out, the claim would need to be
challenged in court.  Given evidence that the use pre
dates the registration, it would then fail..  Which
was the point of what I wrote.

I do believe my information is correct.  I further
think you have said essentially the same thing I did.


--- Peter Lucas <lucas@xxxxxxxx> wrote:
<SNIP>
> 
> >  It is
> > difficult if not impossible to enforce a trademark
> > registration when the logo use predates the
> > registration.
> 
> This isn't correct.  As documented above,
> registration isn't required 
> at all, much less prior to use.  Indeed, proof of
> prior use is 
> necessary for a full registration.  It is true that
> if somebody *else* 
> is actively using a mark at the time you attempt to
> register, you will 
> likely not succeed.
<SNIP>



		
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