If I may interject
Boy, you're a pitbull with this stuff rvd! That's OK, I enjoy the intellectual give and take.
May I use Lanham?
§1051. Registration of trademarks
...
(b)
(1)
A person who has a bona fide intention, under circumstances showing the good faith of such person, to use a trademark in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director.
(2)
The application shall include specification of the applicant's domicile and citizenship, the goods in connection with which the applicant has a bona fide intention to use the mark, and a drawing of the mark.
(3)
The statement shall be verified by the applicant and specify--
(A)
that the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be entitled to use the mark in commerce;
(B)
the applicant's bona fide intention to use the mark in commerce;
(C)
that, to the best of the verifier's knowledge and belief, the facts recited in the application are accurate; and
(D)
that, to the best of the verifier's knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive.
Except for applications filed pursuant to section 44 [15 USC 1126], no mark shall be registered until the applicant has met the requirements of subsections (c) and (d) of this section.
(4)
The applicant shall comply with such rules or regulations as may be prescribed by the Director. The Director shall promulgate rules prescribing the requirements for the application and for obtaining a filing date herein.
...
Now, how are they going to comply with 1051(b)(3)(D)? Does not simplycomfortrv.com use the common law trademark, Simply Comfort to sell a similar product? Would it not cause confusion in the consumer's eye as to whose product that is?
