Rusty Steele
New Member
- Joined
- Jun 3, 2001
- Messages
- 10
First, I just want to point out that I'm "another" board user, I'm using this name because I want to remain annonymous for the moment (mod's can figure out who I am, but that's okay!)
Below is a link to a government website about patent, copyright and trademark law:
http://www.uspto.gov/web/offices/tac/tmlaw2.html#_Toc25751127
I just spent half the afternoon reading thru the trademark section, and came across something that will be of interest to anyone that GM has told to quit using their logos. Click on the link above, and WAY DOWN in the table of contents (28 pages down on my computer) you'll find "TITLE X CONSTRUCTIONS AND DEFINTIONS, §45 (15 U.S.C. §1127). Click on that and scroll down a bit, and you'll find the following:
Abandonment of mark.
A mark shall be deemed to be “abandoned” if either of the following occurs:
(1) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for 3 consecutive years shall be prima facie evidence of abandonment. “Use” of a mark means the bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a right in a mark.
Based on this statement, it's clear in MY mind that GM has in fact, ABANDONED the Grand National, T-Type, GNX and "Power-6" trademarks! The popular "Buick Motorsports" logo was never theirs to begin with, and even if it was, I don't believe Buick has used it in several years anyway.
The statement above is perfectly clear in MY eyes. A trademark must be ACTIVELY used in the course of trade within a 3 year period, a company can't just "sit" on it because they've used it in the past. Can someone tell me the last year any of the above trademarks were used by GM? I'm betting it was WELL before Y2K.
Next time anyone selling GN t-shirts or hats at an event gets approached by the "GM police", hand them a printout of the law, then tell them to leave you alone and go design a decent car.
Responses are encourged, thank you.
Below is a link to a government website about patent, copyright and trademark law:
http://www.uspto.gov/web/offices/tac/tmlaw2.html#_Toc25751127
I just spent half the afternoon reading thru the trademark section, and came across something that will be of interest to anyone that GM has told to quit using their logos. Click on the link above, and WAY DOWN in the table of contents (28 pages down on my computer) you'll find "TITLE X CONSTRUCTIONS AND DEFINTIONS, §45 (15 U.S.C. §1127). Click on that and scroll down a bit, and you'll find the following:
Abandonment of mark.
A mark shall be deemed to be “abandoned” if either of the following occurs:
(1) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for 3 consecutive years shall be prima facie evidence of abandonment. “Use” of a mark means the bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a right in a mark.
Based on this statement, it's clear in MY mind that GM has in fact, ABANDONED the Grand National, T-Type, GNX and "Power-6" trademarks! The popular "Buick Motorsports" logo was never theirs to begin with, and even if it was, I don't believe Buick has used it in several years anyway.
The statement above is perfectly clear in MY eyes. A trademark must be ACTIVELY used in the course of trade within a 3 year period, a company can't just "sit" on it because they've used it in the past. Can someone tell me the last year any of the above trademarks were used by GM? I'm betting it was WELL before Y2K.
Next time anyone selling GN t-shirts or hats at an event gets approached by the "GM police", hand them a printout of the law, then tell them to leave you alone and go design a decent car.
Responses are encourged, thank you.