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Re: FS: New RPL Green 450mW w/ extras!
Hi Aseras,
you are correct, the 1st to use the name in commerce does have "common law" rights so to speak. I spent this morning at my attorney's office and Optotronics filed the online trademark application "RPL" for non-medical laser use.
It only costs $325 for the trademark application (not including attorney's fees) and there are no promises of approval just because you are 1st to apply; but the attorney said that since I've been using it for the past 18 months and we listed it for the non-medical laser use, he didn't think there would be a problem, it will just take some time.
Aseras said:Actually since Jack is using the RPL name in commerce and I believe he was the first to use it he is legally protected under US law. http://www.uspto.gov/web/offices/tac/doc/basic/register.htm
Once the name logo or whatever is used in commerce it becomes a trademark. Registration isn't required for trademark protection, although it does make a definite record and provides additional protections and makes it easier to defend.
It would be in Jack's best interest to file for a trademark on the RPL and PPL, as it would enable him to defend the trademark much more aggressively and embargo competing products abusing his trademark.
Hi Aseras,
you are correct, the 1st to use the name in commerce does have "common law" rights so to speak. I spent this morning at my attorney's office and Optotronics filed the online trademark application "RPL" for non-medical laser use.
It only costs $325 for the trademark application (not including attorney's fees) and there are no promises of approval just because you are 1st to apply; but the attorney said that since I've been using it for the past 18 months and we listed it for the non-medical laser use, he didn't think there would be a problem, it will just take some time.