[nafex] Re: Trademarks, copyrights etc.

fuwafuwaosagi fuwafuwausagi at muchomail.com
Thu Jan 31 10:17:10 EST 2002


Kuon Hunt wrote:

How is a tradename denoted??  For instance, a trademark has as 
special "TM" just up behind it.  How does one denote a tradename?  Or 
is it just the name you choose to call something? no mark, no 
particular indication, even if it is the name you give a special 
apple seedling of yours?

My reply:

Buenos diaz(s) (the fluffy one learning Spanish while trying to 
communicate with anyone in Miami)...

A good question.  Tradenames may have the symbol TN in a fashion 
similar to the TM of a trademark.  However Tradenames are protected 
by states and the rules vary, where as a Trademark needs to be 
defended (i.e. you need to display the TM mark with the entity a 
Tradename does not need to be defended).  Remember a Trade Name is 
designed to protect the consumer not the owner of the Trade Name, so 
in essence no one really cares who tramples your Trade Name unless it 
leads to harm to the consumer.  Hence no requirement to defend the 
Trade Name.

Another way to say this is just because a name does not have a TN 
symbol does not mean it is not a Trade Name.  

And more importantly, just because you may trample someone's just 
rights in this country(in reference to Trade names) does not mean it 
a moral or ethical thing to do.  

The fluffy one (dreading the airport delays into O'Hare today)

 





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