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