Given what is said in thise discussion at Amiga.org:
http://www.amiga.org/forums/showthread.php?t=61523&page=22
It seems that:

- it isn't clear if the "Amiga" mark is still registered and valid or not
- the "AmigaOS" and the "AmigaOne" marks seem to have never been registered

I think it would be useful if Hyperion (and possibly other companies involved in the use of these marks, as C= USA) could publicly clarify the situation regarding the status of these marks.

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@andres

This is the fifth thread regarding trademarks.

1. During the vast majority of the Amiga's life, there was only one trademark registered in the US: It was filed in 1985 by Commodore, is currently owned by AInc and can be found in the USPTO database under serial number 73571532. This trademark registration is still active.

2. While Ainc only holds one remaining Amiga trademark in the US (Cloanto owns the other two) they still own a myriad of trademarks in Europe.

3. For a list of live and dead amiga related trademarks see Amiga-Trademarks.pdf.

Quote:

I think it would be useful if Hyperion (and possibly other companies involved in the use of these marks, as C= USA) could publicly clarify the situation regarding the status of these marks.

Yeah, because Hyperion et all are sooo good at "clarifying the situation" [/sarkasm]

Thankfully, information about registered trademarks is available in public databases, we don't need to rely on any Amiga companies to provide it.

Last edited by cgutjahr on 10-May-2012 at 11:46 AM.

thanks,
the pdf linked is interesting. So:

- "Amiga" mark is registered (in the USA) and active
- "AmigaOS" seems to be still registered in Germany (wonder why not in the USA as the other...)
- "AmigOne" mark is never mentioned, so one could ask if it really exist as a registered mark

Last edited by andres on 10-May-2012 at 11:55 AM.
Last edited by andres on 10-May-2012 at 11:55 AM.

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@andres

Quote:

"AmigOne" mark is never mentioned, so one could ask if it really exist as a registered mark

It didn't. But a trademark doesn't have to be registered, it's yours as soon as you use it. Registration just makes it easier to defend your mark if somebody else wants to use the same or a similar mark.

@andres

As I have said elsewhere here Trademarks are very specific to the goods/ services they cover. When you apply for a trademark you MUST include everything you want covered and if you fail to leave something out for example "cases" then you are not covered by your trademark for this....

That is why when you look up a trademark they have a list of goods/ services they cover and if something isn't on there then it's simply not covered by that trademark...

FROM WIPO (MADRID The International Trademark System)

Question: Does trademark protection apply to any and all types of goods and services?

Answer : No. You must indicate in the trademark application form the list of goods and/ or services for which you are seeking protection.


Easy to understand Q&A's about Trademarks from WIPO...

Trademark Q&A's from WIPO...

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@cgutjahr

Let me clarify one important legal issue for you.

In the U.S.A. (or the U.K. and in most 'common law' countries) there is NO requirement to register a trademark officially to acquire trademark rights.

Mere use of a specific trademark is sufficient in these countries to acquire trademark rights.

(Note that with respect to a trade name i.e. the name used by a company in its dealings with its customers this is the case in nearly all countries).

Which is why you see the distinction between (tm) and (R), the former refers to a trademark which is claimed but not registered and the latter refers to a "registered" trademark.

In the US, registering a trademark does not yield a lot of extra rights which is why quite a number of companies only register their most important trademarks or do not register trademarks at all, they simply claim them by using them for a specific category of goods or services.

I hope that was clear enough.

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@Hyperionmp
Thankyou for clarifying the question.

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@Hyperionmp

I already posted on a.org that registering is optional.

I think people disbelieved what I posted because it was not what they -wanted- to believe. heh.

Also, people are using "dead", "cancelled", "abandoned" as interchangeable words when they post the facts. Not a good idea.

#6

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@Hyperionmp

Quote:

Mere use of a specific trademark is sufficient in these countries to acquire trademark rights.

Apparently, you missed my second posting, where I stated the very same thing.

But while you're here clarifying things: You're still a partner at A-EON?

@Hyperionmp

Quote:

Hyperionmp wrote: @cgutjahr Let me clarify one important legal issue for you. In the U.S.A. (or the U.K. and in most 'common law' countries) there is NO requirement to register a trademark officially to acquire trademark rights. Mere use of a specific trademark is sufficient in these countries to acquire trademark rights. (Note that with respect to a trade name i.e. the name used by a company in its dealings with its customers this is the case in nearly all countries). Which is why you see the distinction between (tm) and (R), the former refers to a trademark which is claimed but not registered and the latter refers to a "registered" trademark. In the US, registering a trademark does not yield a lot of extra rights which is why quite a number of companies only register their most important trademarks or do not register trademarks at all, they simply claim them by using them for a specific category of goods or services. I hope that was clear enough.

All those answer are in the link I posted above your post...

Most proper companies do indeed register their Trademarks as it saves a lot of problems should a legal case ever arise, it's just the sensible thing to do...

Lets take a hypothetical situation about the use of a non registered trademark...

Say for example TheDaddy happened to use something like "Amiga" on his cases as far back as 2006/7 and CUSA only came along in 2009/10 doing the same.

Under the laws that govern non-registered trademarks TheDaddy has the legal right to use it and not CUSA...

So you see it is indeed wise to register a trademark especially if you haven't done thorough checking to make sure no one was using it before you...

Cant get much clearer than that...

PS: What does the "MP" bit on the end of your username stand for... Military Police by any chance...

Last edited by Franko on 10-May-2012 at 02:19 PM.

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@Franko

Quote:

PS: What does the "MP" bit on the end of your username stand for

It stands for "managing partner", and the partners have changed over the years.
It is currently an account with multiple usage by the current partners.

#6

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@number6

Quote:

number6 wrote: @Franko Quote: PS: What does the "MP" bit on the end of your username stand for It stands for "managing partner", and the partners have changed over the years. It is currently an account with multiple usage by the current partners. #6

Cheers for that...

But I think I'll stick with Military Police now (seems more appropriate)...

PS: Did he get his answers from the link I posted just before his !!!

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@Franko

Quote:

PS: Did he get his answers from the link I posted just before his !!!

Highly unlikely, since that managing partner is a lawyer who specializes in the fields of intellectual property rights, media and IT law, dispute resolution, competition law, etc.

#6

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@number6

Quote:

number6 wrote: @Franko Quote: PS: Did he get his answers from the link I posted just before his !!! Highly unlikely, since that managing partner is a lawyer who specializes in the fields of intellectual property rights, media and IT law, dispute resolution, competition law, etc. #6

Pah... lawyers... nothing but a butch of drunken public schoolboys who only got the job because Mum & Dad were rich and their little angel needed to be bought an education cos they'd never have survived in a common school... (at least mine are)...

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@Franko

Quote:

Pah... lawyers... nothing but a butch of drunken public schoolboys who only got the job because Mum & Dad were rich and their little angel needed to be bought an education cos they'd never have survived in a common school... (at least mine are)...

Bah. At least it illustrates that he didn't cut and paste his response, which seems to be your issue with other legal responses from other folks. heh.

#6

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@number6

Quote:

number6 wrote: @Franko Bah. At least it illustrates that he didn't cut and paste his response, which seems to be your issue with other legal responses from other folks. heh. #6

No... he most likely got his understudy to cut & paste it instead...

Nah... my issue with others cutting and pasting things is they usually don't have a scooby doo about the contents they're cutting and pasting, I reckon they think if it's got big words in it then it must be good...

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@number6
Quote:

Bah. At least it illustrates that he didn't cut and paste his response, which seems to be your issue with other legal responses from other folks. heh.

No... he most likely got his understudy to cut & paste it instead...

Nah... my issue with others cutting and pasting things is they usually don't have a scooby doo about the contents they're cutting and pasting, I reckon they think if it's got big words in it then it must be good...

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@jorkany

Quote:

jorkany wrote: No... he most likely got his understudy to cut & paste it instead... Nah... my issue with others cutting and pasting things is they usually don't have a scooby doo about the contents they're cutting and pasting, I reckon they think if it's got big words in it then it must be good...

Ooo err... as my understudy then I can only say sorry you haven't received your paycheck (it's in the post, honest), now do something useful like make me a nice cuppa tea and I'll have two Tunnocks Tea cakes with that (and no licking the chocolate off them first or your fired)... now get beck to work...

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@jorkany

cut and paste joke noted. heh.

#6

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@jorkany

cut and paste joke noted. heh.