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<blockquote data-quote="Snarf Zagyg" data-source="post: 8532226" data-attributes="member: 7023840"><p>A mark is associated with a good or a service, and doesn't have to be (and usually isn't) the same as the name of entity that owns the mark.</p><p></p><p>For example, you and your friends register 3-5-7, LLC. This is the entity. Later, you produce a very successful line of Widgets under a brand you created, using the name "Prime" with a prime logo.</p><p></p><p>You then register the trademark (because widgets are goods) of Prime, and likely the identifying brand logo as well. (You can also register the copyright of the logo)</p><p></p><p>Again, you <em>never had to register the trademark</em>, since the trademark was "created" when you started using it in commerce. But it's a very good idea to register it, either with the state or the federal government.</p><p></p><p>If WoTC is continuing to sell products under the "TSR" mark, which they have owned since acquiring TSR, then that has nothing to do with the name of the gaming company.</p><p></p><p>Finally, marks are not universal; there are a number of properly registered TSR marks- but they apply to <em>different categories of products or services. </em>Since the mark exists to protect the customer, and prevent confusion, there is usually no problem when they are separate categories. Sometimes this still becomes an issue- for example, Apple Corps (aka Apple Records of Beatles fame) and Apple Computer had a contentious relationship from an original lawsuit in 1978 until finally resolving all issues in 2007. </p><p></p><p>IMO, YMMV, etc.</p></blockquote><p></p>
[QUOTE="Snarf Zagyg, post: 8532226, member: 7023840"] A mark is associated with a good or a service, and doesn't have to be (and usually isn't) the same as the name of entity that owns the mark. For example, you and your friends register 3-5-7, LLC. This is the entity. Later, you produce a very successful line of Widgets under a brand you created, using the name "Prime" with a prime logo. You then register the trademark (because widgets are goods) of Prime, and likely the identifying brand logo as well. (You can also register the copyright of the logo) Again, you [I]never had to register the trademark[/I], since the trademark was "created" when you started using it in commerce. But it's a very good idea to register it, either with the state or the federal government. If WoTC is continuing to sell products under the "TSR" mark, which they have owned since acquiring TSR, then that has nothing to do with the name of the gaming company. Finally, marks are not universal; there are a number of properly registered TSR marks- but they apply to [I]different categories of products or services. [/I]Since the mark exists to protect the customer, and prevent confusion, there is usually no problem when they are separate categories. Sometimes this still becomes an issue- for example, Apple Corps (aka Apple Records of Beatles fame) and Apple Computer had a contentious relationship from an original lawsuit in 1978 until finally resolving all issues in 2007. IMO, YMMV, etc. [/QUOTE]
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