Re: [xtm-wg] Trademark issue?

[Murray Altheim <murray.altheim@sun.com>]

"Mason, James David (MXM)" wrote:
> 
> Again, not from a lawyer:
> 
> Patents and trademarks may come from the same place (USPTO), but they work
> differently. And both are different from copyright. You can get copyright by
> informal means, such as were used with the XTM document and Web site. Patent
> and trademark require formal submission and payment of a fee.

Jim,

My understanding is that there are two categories of trademarks, one
registered and one unregistered. The former requires registration with
the U.S. Trademark and Patent Office, the latter is gained by simply
claiming it via "tm" next to a product name. The former to my knowledge
only differs from the latter in that any claims made against a trademark
have much greater legal weight when one vs. the other has been registered.
Once registered, the "tm" changes to the "(r)" sign (i.e., the "r" with 
the circle around it). There are many thousands of unregistered trademarks
if my understanding is correct, just as with copyright.

Murray

...........................................................................
Murray Altheim                         <mailto:murray.altheim&#x40;sun.com>
XML Technology Center
Sun Microsystems, Inc., MS MPK17-102, 1601 Willow Rd., Menlo Park, CA 94025

      In the evening
      The rice leaves in the garden
      Rustle in the autumn wind
      That blows through my reed hut.  -- Minamoto no Tsunenobu

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