Legal issues surrounding use of

[heiditandy]

Original Yahoo! HPFG Header:
No: HPFGUIDX C4880
From: heiditandy
Subject: Re: Legal issues surrounding use of
Reply To: [Yahoo! #4877] Re: Legal issues surrounding use of
Date: 7/22/00 8:33 pm  (ET)

<<I did a search at www.uspto.gov, and found that the stouffer wench has
 registered a trademark for Muggles-- in February 2000 and for specific
 products such as refrigerator magnets, buttons, and dolls.>>
No, she doesn't have a registration; she has a pending application,
and there is no way that it can register this year; I'd be surprised if
it ever registered. A trademark takes a minimum of 8 months to go from
application to registration, and it usually takes more like 18 months.

<< I can imagin that if the wench has a trademark she can require
people to
 use the "tm" when they are referring to her products-->>
I think what you're refering to is that *she* and her licensees can use
TM when refering to her licensed characters, if any.
One note in the other direction - I know that some scottish dictionaries
have defined the word "muggle" as refering to rainy or soggy weather,
but you can hold a trademark (i.e. exclusive rights to use a certain
word for certain goods or services) even if it's a dictionary word -
look at APPLE or WINDOWS for computers. Of course, this doesn't prevent
apple pie makers from using the word apple, or prevent window installers
from using the word window.
I know I'm simplifying here - so sue me : )