RE: [xtm-wg] XTM copyright

["Jason Markos" <jsm@empolis.co.uk>]

for what it is worth, actually registering the tradmark is an expensive
process.  I have just had to register a trademark across Europe and it came
to approx 2,500 pounds sterling.

As I see it, the biggest issue is not registering it, but making sure thatwe
are infringing someone else - I could try to get a search done through the
people that work for us on these issues.

Jason

empolis
tel + 44 7747 621353

-----Original Message-----
From:
sentto-1553146-1112-975603122-jsm=empolis.co.uk@returns.onelist.com
[mailto:sentto-1553146-1112-975603122-jsm=empolis.co.uk@returns.onelist.
com]On Behalf Of Dale Hunscher
Sent: 30 November 2000 16:58
To: xtm-wg@egroups.com
Subject: Re: [xtm-wg] XTM copyright


NB Information does not appear to be claiming a trademark on XTM; in any
case
it's a completely different and non-competitive arena, so I don't think
there's a legal issue (though only an attorney could say that for sure, and
they never do).

If anyone is going to claim a trademark on XTM they need to start putting a
mark after the first use of the name in any given context (the letters "TM"
in superscript is the convention most follow, but "(tm)" works in plain
text)
and putting a legend on the document such as "XTM is a trademark of XXXX"
where XXXX is the claimant. This is the beginning step in establishing a
trademark. The next is doing that same step in as many public contexts as
possible to establish a basis for the claim. Then you could go through the
registration process, which is different in each country.

Even getting registration does not mean you can successfully defend a
trademark, BTW. The real test is when you have to prosecute an infringement
claim. IMHO, a three-letter acronym is pretty shaky. It's been done, though;
witness IBM and SAP.

Attorneys, feel free to correct. This is not legal advice, just the
experience of someone whose been through the process before.


Bernard Vatant wrote:

> Murray
>
> I'm no more lawyer than you are, but "XTM" is already used here and there
> as a product trademark.
> See e.g. http://www.nb-info.co.uk/index.htm
>
> Don't know if that's a problem, but better ask the thirty lawyers ...
>
> Bernard
>
>
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