Re: opie trademark

On Friday June 1 2007 2:23 pm Benjamin Long wrote:
> George,
> 	The first time you wrote to me about the possibility of assigning me the
> trademark was this past Sunday. Unless you are talking about me being
> interested in another offer (which I have no record of), what happened in
> the 4 days between that and the "nothing can be done" I got yesterday? The
> only thing I can think of is Lawyers. And that's fine. If Lawyers are to
> blame then we can blame the death of the project on them.

Everyone seems to be assuming it's his mark to assign.  That is an incorrect 
assumption; the trademark application hasn't even been assigned to an 
examining attorney yet (go to <http://www.uspto.gov/main/search.html>, click 
the Trademarks link on the left side of the page, then do a search on the 
serial number 77123610).  It doesn't matter whether y'all think hh.org can do 
this or not, because they've started the ball rolling.  What you *can* do is 
file an opposition to registration at the appropriate time.

From <http://www.uspto.gov/web/offices/tac/doc/basic/afterapp.htm>:

PUBLICATION FOR OPPOSITION
If the examining attorney raises no objections to registration, or if the 
applicant overcomes all objections, the examining attorney will approve the 
mark for publication in the Official Gazette, a weekly publication of the 
USPTO. 
The USPTO will send a NOTICE OF PUBLICATION to the applicant stating the date 
of publication. Any party who believes it may be damaged by registration of 
the mark has thirty (30) days from the publication date to file either an 
opposition to registration or a request to extend the time to oppose. An 
opposition is similar to a proceeding in a federal court, but is held before 
the Trademark Trial and Appeal Board, a USPTO administrative tribunal. If no 
opposition is filed or if the opposition is unsuccessful, the application 
enters the next stage of the registration process. A Certificate of 
Registration will issue for applications based on use, or a Notice of 
Allowance will issue for intent-to-use applications.


I'm not even going to pretend to know what happens from there.  But if no one 
is going to attempt to sort this out ahead of time, then you know where to 
get started.

Ed Barrett,
A happy OPIE user disappointed with the bullshit
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