Thu, 27 Jun 1996 04:34:07 +0200
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On Wed, 26 Jun 1996 19:06:41 -0400 Philo <[log in to unmask]> said:
>Well, the bottom line is: Either LISTSERV is a registered trademark or
>it isn't. If it isn't, L-SOFT can whine all day long, while they're
>losing ground on public domain issues.
This information is incorrect. A trademark does not need to be registered
in order to exist, and indeed there are major trademarks in the computer
world (like most of DEC's trademarks for instance, or VM) which have
never been registered. Registration is not what determines your right or
lack of right to a trademark. The PTO can screw up and give you a
registered trademark in good faith because they didn't know of this other
company that had prior use. Then the other company can complain and may
take the trademark away from you even though you had it registered.
Registration however is required in order to prosecute. While
registration is recommended, it is not necessary in order to have rights
to a mark.
Eric
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