Post #405829 by Bay Park Buzzy on Wed, Sep 3, 2008 6:00 PM

On 2008-08-26 18:29, hodadhank wrote:

(concept by Hodad Hank... oh and it's totally trademarked)

Trademarked? What could you have possibly trademarked on that piece? Do you even know what a trademark is?
Corect me if I'm wrong, but I always thought "trademarks" were for words, phrases, and logos that are used in business marketing and advertising by established business, not for specific developed and marketed products. I think that you would actually require a patent. But hey, since YOU just finished the process of registering those Moais as a trademark, then I'll let you tell me about how you were able to do it with the USPTO.

I guess this is where my confusion with trademarking begins:

The U.S. Patent and Trademark Office (USPTO) defines trademarks and service marks as follows:

"A TRADEMARK is either a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identifies and distinguishes the source of the goods or services of one party from those of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product." Furthermore, "a mark for goods appears on the product or on its packaging, while a service mark appears in advertising for the services."

I'm not buyin it! Can I see your trademark registration papers, please?

If you do not produce those papers showing that you have indeed registered that as a trademark, as you have claimed, then I am going to mass produce $15 copies out of clay of that piece and see what happens.
Better call your lawyer!
Buzzy Out!