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Re: Who really benefits from 60-day period?
- Date: Wed, 8 Jan 1997 16:42:37 -0600 (CST)
- From: "Craig A. Finseth" <fin@winternet.com>
- Subject: Re: Who really benefits from 60-day period?
...
Any attorney (or anyone else) who thinks that a "60 day waiting" period will
actually carry some standing in a court is smoking too much crack.
The reality is that anyone who believes their trademark is being diluted
will sue if they can't work it out privately. Period. The second reality
is that to establish a trademark in the US, and probably elsewhere, you have
to actually USE the mark in commerce.
...
As I read it, the whole idea of the 60 day wait has nothing to do with
who will or might sue who for what.
It's a useful convenience to help each other out. If, in doing so, it
avoids a few law suits, so much the better.
For example, I recently obtained finseth.com. Now, I don't think that
this name infringes on anyone's trademark and, under current US PTO
policies can not obtain a trademark on it (it's my name and I'm not a
nation-wide business). However, it would have been nice to have the
opportunity to "offer it for comment" so that if I should happen to
inadvertanly infringe (maybe "finseth" is a trademark somewhere), I
can find out before I put a lot of energy into it.
Like phone numbers here in the US. When you get new phone service,
they give you a provisional number. This number may change during the
actual installation. You can go ahead and give out the provisional,
but may have to re-do the work later (this happened to me once (:-().
Craig A. Finseth fin@finseth.com
1343 Lafond http://www.finseth.com/~fin
St Paul MN 55104-2437 +1 500 448 9440
USA member, LPF +1 612 644 4027
A ship is safe in a harbor, but that's not what a ship is for--Adm Grace Hopper