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Message: <blockquote data-quote="see" data-source="post: 8483734" data-attributes="member: 10531">Any period of non-use doesn't matter for this filing, since this design mark was back in use (it's on the images of the covers of the 1e Fiend Folio and Deities & Demigods used to sell PDFs) before LaNasa/TSR3 started using it. Simply reviving the use of an abandoned mark in commerce revives it as a common-law trademark. Common-law trademarks don't have the same array of legal protections as registered trademarks, but people can't just come along and register them out from under you.As I brought up in previous threads, the combination of the lapse of registration, the no-use period, and (most critically) the TSR2 use of the "TSR" word mark may combine to have ended Habsro/WotC's exclusive rights to the "TSR" word mark.But this particular design mark was being used exclusively by Habsro/WotC in commerce on their PDFs before TSR3 tried registering and using it. I can't see how LaNasa/TSR3.x can possibly succeed in this proceeding.(As to why Hasbro/WotC filed only on this particular design mark, well, I am certainly out of my depth as a non-lawyer trying to guess high-end trademark lawyer strategy. But since I've swum out this far, why not try? My best guess is that this particular design mark's appearance on the cover images used on PDF-sales websites, plus its substantial distinctive artistic elements beyond just words, combine to make it a particularly strong case for Hasbro/WotC.)</blockquote>

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