Madelyn Littman <flw_mcl[_at_]email.msn.com> wrote:
>
> Also, anyone can claim a copyright on a writing merely by attaching a
> copyright notice, but an effective trademark requires registration,
> review and approval by the PTO.
I guess it depends on what you intended the word "effective" to mean. A trademark becomes effective when it is used in commerce. Unlike copyright, where a registration is a prerequisite to bringing suit, and suit must be brought for infringement in Federal Court, a Trademark suit can be brought in State Court and the trademark need NOT be registered before suit is brought. A federally registered trademark provides additional statutory damages and the recovery of fees, but this works in a similar fashion to the copyright provisions for statutory damages.
Thomas Workman
<tworkman[_at_]erols.com>
Received on Tue Jul 21 1998 - 14:29:17 GMT
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