[DMCForum] Re: Trademark

["Randal" <rwbrown@xxxxxxx>]

James!

You are correct the DMC trademark fell into abandonment and then into 
the public domain. Now I must ask if (when) your company filed with 
the US patent and trademark office (USPTO) for ownership if other 
companies began using it prior to your filing you may not be able to 
claim exclusive rights as it could fall under the generic rule.  At 
the same time did you also file for Global TM ownership?  If you have 
done your due diligence and spent the mass funds for the TM ownership 
then why don't you reflect this investment with one of the following; 
DMC®, DMC? or DMC Brand (i.e. DMC Brand Parts, Accessories and 
Refurbished DeLorean's). The use of these marks and descriptions are 
the only legally recognized way that we all would know that you have 
actual ownership of the trademark in question. 


Not trying to stir the pot but only seeking true clarification and 
closure.

Randal "The 3M Guy"


--- In DMCForum@xxxxxxxxxxxxxxx, James Espey <james@xxxx> wrote:
> I have answered many times why we feel we have ownership of the DMC 
logo 
> trademark. We continue to disagree, as friends, so I am not sure 
why you 
> continue to ask the question. If you don't agree with the answer, 
simply 
> asking it repeatedly is not likely to change the answer you 
receive. :-)
> 
> Nevertheless, I will point out something incorrect in your second 
> paragraph below. The Lanham Act clearly states that when a 
trademark's 
> use has been discontinued, and that discontinuation may be inferred 
from 
> three consecutive years of non-use, it becomes abandoned. An 
abandoned 
> mark is not irrevocably in the public domain, but may instead be 
> re-registered by any party which has re-established exclusive and 
active 
> use.
> 
> James
> I am the real SonnyV
> (trademark application pending)
> 
> 
> --- In DMCForum@xxxxxxxxxxxxxxx, Marc Levy <malevy_nj@xxxx> wrote:
>  >
>  > I have asked many times, James, Why DMCH feels they
>  > have any ownership of the trademarks in question.
>  >
>  > By simply filing the proper paperwork to claim
>  > ownership of a trademark that pre-dates not only the
>  > claim, but also the entity claiming ownership, anyone
>  > with the slightest knowledge of IP law will advise you
>  > that the claim is invalid.

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