Re: [DML] Re: logos & trademarks

["Hank Eskin" <heskin@xxxx>]

Just two more comments about Houston's claim to the "DMC" trademark.

They have filed for and gained official registration for:

"WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM." Specifically, the "DMC"
logo as it looks on the front grill, with white outlines. (see
http://tess.uspto.gov/bin/gate.exe?f=doc&state=ekkdm3.4.1 as posted
previously).

Also, this mark is only registered in only two international classes:
12 - Goods and Services: Automobiles and structural parts.
35 - Automobile dealerships

So, as it stands, other people can still register other stylizations of
"DMC" as long as they are not in the same international classes, and/or do
not look exactly the same. (The "and/or" is up for legal interpretation of
your mark(s)). You also can't just file for a trademark like you can buy a
domain name - you have to prove that your mark was been used in real
interstate commerce.

So, just for argument-sake, I could (but I won't) start selling coffee mugs
and t-shirts with the same DMC logo, then apply for my own trademark in the
classes associated with those items. Houston could challenge the trademark
when it is published for opposition, and it would be up to the Trademark
office to decide if I was infringing on Houston's trademark. If you look
at the trademarks for "HARRY POTTER", they've registered under almost every
possible class - covering all their bases. Of course, since this is all
legal stuff and IANAL, use at your own risk, YMMV, yadda, yadda, yadda.
;)

-Hank #1619