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How does one "trademark" an item without proof? like a angel?
See this links below
Did this coffee shop break the law?
http://www.heraldextra.com/content/view/...
http://www.sltrib.com/ci_5511354?source=...
http://kutv.com/local/local_story_082195...
http://deseretnews.com/dn/view/0,1249,66...
http://www.kptv.com/foodnews/11362726/de...

2007-03-27 10:40:01 · 2 answers · asked by Anonymous in Society & Culture Religion & Spirituality

2 answers

a trademark is a name,symbol or other device identifying
a product,officially registered and legally resrtricted to the use
of the owner or manufacter ,The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorised use of that trademark.
The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, such that a trademark, properly called, indicates source or serves as a badge of origin. The use of a trademark in this way is known as trademark use, and a trademark owner seeks to enforce its rights or interests in a trademark by preventing unauthorized trademark use.It is important to note that trademark rights generally arise out of the use and/or registration (see below) of a mark in connection only with a specific type or range of products or services. Although it may sometimes be possible to take legal action to prevent the use of a mark in relation to products or services outside this range, this does not mean that trademark law prevents the use of that mark by the general public. A common word, phrase, or other sign can only be removed from the public domain to the extent that a trademark owner is able to maintain exclusive rights over that sign in relation to certain products or services, assuming there are no other trademark objections. trademark is diluted when the use of similar or identical trademarks in other non-competing markets means that the trademark in and of itself will lose its capacity to signify a single source. In other words, unlike ordinary trademark law, dilution protection extends to trademark uses that do not confuse consumers regarding who has made a product. Instead, dilution protection law aims to protect sufficiently strong trademarks from losing their singular association in the public mind with a particular product, perhaps imagined if the trademark were to be encountered independently of any product
-----then we have -------
An unregistered trade mark=
is a trademark which does not benefit from the protection afforded to trade marks through registration.They may however benefit from protection due to other features of the law in relation to trademarks, such as for instance the protection for unregistered marks in the United Kingdom resulting from Passing off law.In the United States, registration, both federal or state, is not required to obtain rights in a trademark. An unregistered mark may still receive common law trademark rights. Those rights, for example, may extend to its area of influence--usually delineated by geography. As such, multiple parties may simultaneously use a mark throughout the country or even state
------
so this is much a controversy ,than a valid fundamental
trademark rights,however if that is the case then how
it has not yet been in court already?but it is interesting!

2007-04-03 19:34:46 · answer #1 · answered by kokopelli 6 · 0 0

Only two of your links worked. The send and last one worked, the others did not. FYI.

Interesting. I guess, if they actually have it trademarked, then the coffe shop broke the law. I didn't know that churches were in the business of trademarking things.

What interests me is that the church would trademark something. Churches are non-profit. People/ companies get trademarks so people cannot make money off the ideas they are using to make money. Since churches are non-profit, why would they care.

And they wonder why I don't believe churched should be tax exempt anymore.

2007-03-27 10:51:30 · answer #2 · answered by ? 5 · 0 0

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