Information request

[Mike O'Dell]

Alberto di Bene wrote:
> David Aitcheson - KB3EFS wrote:
>> I need input on a spectrum analyzer.  The one that the boss has in mind
>> is on the web at
>> http://test1.contenttest.net/Spektrumanalysator_en.shtml
>>
>> Specifically the "SPECTRAN® HF-2025E Rev. 3"
>>
> 
>   I saw in that page that the name SPECTRAN is followed by the circled R meaning "Registered"
> Can they register a name that is already being used (by me) since many years for my program SPECTRAN ?
> I don't know the US legislation about names registration, so that's why I am asking. Could eventually they force me to 
> abandon the use of the name SPECTRAN for my program ? Is the registration of a name in the US valid only for the US, or 
> is it valid worldwide ?
> 
> Thanks for any clarifications.
> 
> 73  Alberto  I2PHD
> 
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without asking or doing a search, you don't know how wide the grant might be.
if you are outside the US they don't have international registration,
then there is probably no problem (but no promises - see disclaimer at the end).

if they have a registered mark and you only have common use, you are in
the less desirable position, although if you can show you were using it
long before they got the registration, you may be able to challenge the
registration if you need to.

the other important point is that trademarks, very much unlike domain names,
are *not* unique across all uses. rather, trademarks are granted for specific
SIC codes and the same trademark can be used by different companies in sufficiently
distinct areas of business. (btw - this is why domain names and trademarks are
hopelessly co-mangled these days.)

that's why the poster "Nothing Sucks Like a VAX" could exist in the US -
the VAX in question was a vacuum cleaner, something Digital could not claim
to produce, and nobody could claim to be confused by a vacuum cleaner when
they were looking for a computer, or vice versa.

so it depends on a number of things. if you don't have a trademark attorney
and don't wish to simply roll over, you might consider getting one.
while i've paid a lot of money to trademark attorneys over the last few years
i am not an attorney nor do i play on on the net.  GET YOUR OWN LEGAL ADVICE!!

	-mo