[unixdotcom]

Originally Posted by filburt1

Jelsoft is based in the UK and therefore I don't believe they can register a trademark in the US.

Of course they can. Any company can register a trademark in the US. I deal with TM attorneys on a weekly basis. See below:

Reference: USPTO

NAME OF THE APPLICANT

The application must be filed in the name of the owner of the mark. The owner of the mark is the person or entity who controls the nature and quality of the goods identified by the mark and/or the services rendered in connection with the mark. The owner may be an individual, corporation, partnership, or other type of legal entity.

Do I have to be a U.S. citizen to apply?

No. However, if you do not reside in the United States, you may appoint a "domestic representative" as part of the application process (see below).

Normally, this means the attorney in the US who represents the TM applicant.....

Also, from the USPTO site:

Is registration of my mark required?
No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,

* constructive notice to the public of the registrant's claim of ownership of the mark;
* a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
* the ability to bring an action concerning the mark in federal court;
* the use of the U.S registration as a basis to obtain registration in foreign countries; and
* the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.

When can I use the trademark symbols TM, SM and ??

Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "?" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.

Originally Posted by noppid

I'll type pepsi, coke, microsoft, vb, vbulletin or any other word the way I please when I discuss it. No attorney can stop me.

As I recall, we were not discussing attorneys, we were discussing communities and branding. I am simply, in this part of the thread, providing some guidance on TM rights in the US because I like Jelsoft and their brand and want to see them do well.

And yes, if Jelsoft wanted to, they could pay an attorney to stop you from discussing their products using VB on a web site with big graphics, etc. (note, we are not simply talking about a casual conversation, we are taking about your website where you associate yourself with Jelsoft and vB). They certainly have that right, absolutely, even without a TM. Isn't this your graphic on your new website?



However, with a TM, they can get a summary judgement against you, if they wanted to, in a US federal court. Of course, they surely don't because you are small and have no important business model that is effecting their brand integrity (today).

You are simply talking about things you have no knowledge about, noppid. True knowledge is understanding what you do not know and the wisdom to listen to those who do. In this case, you show disrespect for the vB community by your attitude of "na nah na nah na, noppid can do want ever he wants ... na nah na nah na..."

Go back and read the other posts where we discussed this in depth ...... thanks (I'm trying hard to be patience, but it is difficult for me considering your fu attitude towards Jelsoft's brand and identity ...)