Trade mark

From what I understand (and I am not a lawyer), trademark comes in two flavors: plain old trademark TM, and registered trademark (R).

I think plain old trademark is sorta like copyright; you own it when you start using it unless someone else can prove they were using it first for a similar product. I think I've also heard that this version of trademark is virtually worthless as far as legal protection goes.

Registered trademark is the same except that the gubbment registers you as the owner and thereby provides more legal cover.

In both cases, the burden is on the trademark holder to defend the mark.

You place a TM against your product identifier when you formally apply for a trademark. The TM indicates "Trade Mark pending" and nothing more. It has a warning effect on potential infringers, telling them they shouldn't be executing any business plans using your mark or anything close.

I'm not an IP lawyer either, but I have held a trademark-- "seat time" in the subject area, as they say. I understand how it works.

You are not far off, except that it's nothing like copyright,which protects phsyical or "embodied" expression of authorship-- like a game. Trademarks are registered to protect the identifying logo or name of goods and services placed in commerce-- like a game, or product line or an identifying slogan. You have to indicate you're selling your product to apply for a mark, and there is a public review period after you apply, as your mark will be published in the PTO's trademark journal.

In that sense, it's like a registered copyright, it puts your work in the official record for purposes of establishing ownership during litigation.

And when the mark holder wins, the infringer pays damages and legal costs as well as losing access to the mark.

Good correction, braincog. I used it when I filed so I assumed that was the *only* time it was legally used. The effect (or lack thereof) is the same, of course, but I like to ability to slap it on there ASAP, whether or not while waiting for circle-R!! Funny, i seem to remember that restriction years ago-- possibly so many people were doing it would be difficult to enforce anyway.

Don't know, but it could be he offered it to the publishers as an incentive to allow him to disseminate their products.

In US law a trademark lasts for ten years (assuming it's protected) but can be renewed indefinitely. That means that the owner can renew it for another ten years, and another, and another, etc.