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Subject:Re: (r) vs. (TM) From:"Linda K. Sherman" <linsherm -at- GTE -dot- NET> Date:Thu, 13 Aug 1998 11:37:08 -0400
Tom Herme wrote:
>
> So then, do these "TMs" and "Rs" expire as copyrights do? If so, when?
I'm not an expert on this; I only know this from having spent some time
at the library a few years ago doing research on the subject because the
company I worked for was thinking about registering a trademark and
couldn't afford a huge lawyer's bill. However, I believe you can only
lose a trademark if
(a) someone else can prove prior claim to the trademark--OR,
(b) someone can prove that the term never qualified as a trademark
because it is "plain English"--for example, "For Dummies" is one that is
often cited as being indefensible, should anyone ever seriously
challenge it--OR,
(c) the word has become so widely used as a generic that the trademark
has lost its identification with your product. "Bufferin" is a famous
example.
I believe the U.S. Government has a web page somewhere that explains a
lot of this stuff, but I was unable to locate it with a quick search.
Perhaps someone else knows where it is.
