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[steering-discuss] Re: Approval of our Trademark Policy


Le 04/03/11 01:00, drew a écrit :

Hi Drew,

Well which is it - is the community logo w/registered trademark, mark or
not? - it is both ways on the wiki page above - PNG w/out any mark, SVG
with 'registered trademark", while on the trademark policy page it seems
that maybe it is just a "tm" that is appropriate at this time.


From a legal point of view, if the trademark is not actually registered
then it can only be "TM" - note here that "filed" is not the same as
registered. Considering that in the US registration takes anything from
12 months to 3 years on average, at least for the US it will have to be
"TM". It is, by the way, an offence to use (R) or registered trademark
in the US if the trademark is not actually registered.

As for other countries, well the European Union trademark registration
proceedings take approximately a year, if there are no setbacks, such as
objections from the Examiner, oppositions by third parties, etc, so
again, one is looking at registration proceedings lasting between 1 to 2
years.

Other countries will have similar time schedules depending on the degree
to which the trademark application is examined. In France, for example,
it can take less than a year, approximately 6 to 8 months if all goes
smoothly.

Suffice it to say that it is unlikely that there are many "registered"
"LibreOffice" trademarks around at the moment, in which case one should
put "TM". The "TM" labelling is only really significant for the US
anyway, nearly all other countries have a system based on first-come,
first-served registration, whereas the US has both a system of
inter-state commerce recognition of use of a trademark, and a federal
registration system.


Alex


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