Re: [xtm-wg] XTM copyright

[Dale Hunscher <dale@supportability.com>]

That's probably the best approach. There's no special benefit in a trademark for
a non-profit in any case; if there is no existing infringement, simply using the
acronym repeatedly will establish its common-use meaning and prevent any future
infringement claims.

Jason Markos wrote:

> 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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