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Old 06-05-2007, 05:54 PM   #21
the_logos
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Join Date: Sep 2002
Location: Mill Valley, California
Posts: 2,305
the_logos will become famous soon enough
I didn't say you had to be for-profit, just that the trademark/servicemark has to be used in conjunction with commerce or has to be intended to be used in commerce. The WWF engages in commerce so is eligible to apply for a trade-mark in conjunction with that. Whether you engage in commerce and whether you aim to generate a profit or not are two separate things.

Also, I was incorrect earlier in saying that you had to register a trademark. In fact, you don't, in the US at least. It's just helpful in proving that you were there "first."

As far as trade name registration goes, it'll differ greatly from state to state. In California, for instance, it goes by county, not state. Federal trademark law is just going to look at when the mark was first registered (which, again, require use in commerce or demonstrated intended use in commerce in some future time frame that I'm not sure of) or first used in commerce.

--matt
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