[Jewelry making - Article 00102] - Re: [Orchid] Gem Names

[James White]

========[ Invite a Friend - http://www.ganoksin.com/invite.htm  ]========


>         I'm not sure whether we should be alarmed, or just laugh
>     ourselves silly!  Maybe both.... :-)  "Seafoam green" is a term
>     which has been used for decades to describe a particular shade of
>     Tourmaline.  That description is, by definition, a part of the
>     public domain. The fact that someone managed to trademark such a
>     name demonstrates profound ignorance on the part of the bureaucrats
>     at the USPTO. 

    FAIR WARNING: This is probably more about trademarks than you want
    to know but it isn't even a gnat on the tip of the iceberg. 

    Just for sport I looked up Seafoam on the www.uspto.gov trademark
    search page and found the following trademark registration in
    process. Publication for opposition on SEAFOAM TOURMALINE occurred
    just the middle of last month so if anyone feels they want to oppose
    it they still can. 

Typed Drawing
Word Mark SEAFOAM TOURMALINE
Goods and Services IC 014. US 002 027 028 050. G & S: Precious gemstones,
namely, light mint-green tourmaline. FIRST USE: 19910500. FIRST USE IN
COMMERCE: 19910500
Mark Drawing Code (1) TYPED DRAWING
Serial Number 75637462
Filing Date February 10, 1999
Published for Opposition March 19, 2002
Owner (APPLICANT) COLUMBIA GEM HOUSE, INC./ TRIGEM DESIGNS CORPORATION
WASHINGTON P.O. BOX 3889 VANCOUVER WASHINGTON 98662
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "TOURMALINE" 
APART
FROM THE MARK AS SHOWN
Type of Mark TRADEMARK
Register PRINCIPAL-2(F)
Live/Dead Indicator LIVE

    Here's what they had to do to get that 2(f) designation in which
    they claim their exclusive use of SEAFOAM TOURMALINE for at least 5
    years: 

    =A72.41 Proof of distinctiveness under =A72(f). 

    (a) When registration is sought of a mark which would be
    unregistrable by reason of =A72(e) of the Act but which is said by
    applicant to have become distinctive in commerce of the goods or
    services set forth in the application, applicant may, in support of
    registrability, submit with the application, or in response to a
    request for evidence or to a refusal to register, affidavits, or
    declarations in accordance with =A72.20, depositions, or other
    appropriate evidence showing duration, extent and nature of use in
    commerce and advertising expenditures in connection therewith
    (identifying types of media and attaching typical advertisements),
    and affidavits, or declarations in accordance with =A72.20, letters or
    statements from the trade or public, or both, or other appropriate
    evidence tending to show that the mark distinguishes such goods. 

    (b) In appropriate cases, ownership of one or more prior
    registrations on the Principal Register or under the Act of 1905 of
    the same mark may be accepted as prima facie evidence of
    distinctiveness. Also, if the mark is said to have become distinctive
    of applicant=92s goods by reason of substantially exclusive and
    continuous use in commerce thereof by applicant for the five years
    before the date on which the claim of distinctiveness is made, a
    showing by way of statements which are verified or which include
    declarations in accordance with =A72.20, in the application may, in
    appropriate cases, be accepted as prima facie evidence of
    distinctiveness. In each of these situations, however, further
    evidence may be required. 

    The 2(e) referred to above is: (e)  Consists of a mark which (1) when
    used on or in connection with the goods of the applicant is merely
    descriptive ... 

    To oppose the registration you must do the following before April 19
    and apparently file a $300 fee with it. 

    (a) The opposition must set forth a short and plain statement showing
    why the opposer believes it would be damaged by the registration of
    the opposed mark and state the grounds for opposition. A duplicate
    copy of the opposition, including exhibits, shall be filed with the
    opposition. (b) Oppositions to different applications owned by the
    same party may be joined in a consolidated opposition when
    appropriate, but the required fee must be included for each party
    joined as opposer for each class in which registration is opposed in
    each application against which the opposition is filed. 

    I'm getting a couple of trademark questions answered (I hope) on a
    different list and will pass them along when I get them. 

    James E. White  

____________________________________________________________________
T h e   O r c h i d   L i s t
Open Electronic Forum for Jewelry Manufacturing Methods and Procedures
____________________________________________________________________
Orchid FAQ:
~ http://www.ganoksin.com/orchid/faq.htm
Orchid Archives:
~ http://www.ganoksin.com/orchid/archive
Orchid Galleries:
~ http://www.ganoksin.com/orchid/gallery.htm
Invite a Friend:
~ http://www.ganoksin.com/invite.htm
____________________________________________________________________
Tips From The Jeweler's Bench - Article Archive
~ http://www.ganoksin.com/borisat/tip_sear.htm
The Jeweler's Selected Bibliography List
~ http://www.ganoksin.com/jewelry-books
Buy Orchid Jewelry:
~ http://www.ganoksin.com/shop
____________________________________________________________________
-Unsubscribe:
-Email: orchid-request AT ganoksin.com Body=unsubscribe subject=blank
____________________________________________________________________