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A Common Law Trademark doesn't require registration with

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PhenixBleu   Friday, 11/17/17 06:41:21 PM
Re: WarMachine post# 18405
Post # of 38311 
A Common Law Trademark doesn't require registration with the USPTO. After reading the facts below, perhaps you can cease calling the company "liars" and remove that ridiculous warning message designed to imply something is wrong.

The news release clearly states the CEO will inform us once the app is available for download. I recommend waiting to review the download before judging it.

As for history repeating itself, Colleen no longer runs this business. We have a new CEO who is cleaning up the finances and refocusing the business.
Must all trademarks be registered? No, registration is not mandatory. You can establish “common law” rights in a mark based solely on use of the mark in commerce, without a registration. However, federal registration of a trademark with the USPTO has several advantages, including a notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. For more information about “common law” trademark rights and the advantages of federal registration see the Basic Facts About Trademarks brochure.

Each time you use your mark, it is best to use a designation with it. If registered with the USPTO, use the ® symbol after your mark. If not yet registered, you may use TM for goods or SM for services, to indicate that you have adopted this as a “common law” trademark or service mark.


They don't even have a TRADEMARKED NAME much less a functioning app. IMO

NO TRADEMARK can be found yet they use the TM at the end of the name. That alone makes them liars and history repeats itself.

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