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nafex - [nafex] Re: Trademarks, copyrights etc.

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  • From: "fuwafuwaosagi" <fuwafuwausagi@muchomail.com>
  • To: nafex@yahoogroups.com
  • Subject: [nafex] Re: Trademarks, copyrights etc.
  • Date: Thu, 31 Jan 2002 15:17:10 -0000

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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