Re: Why can't/won't WJIB use the Ship's Bell(was: Top o' the hour)

["'A. Joseph Ross'" <lawyer@world.std.com>]

On Wed, 4 Jun 1997, Sean P. Smyth wrote:

> In other words, I understood the bells
> were trademarked much in the way a couple who lives together for a long
> time is considered entered into a common-law marriage.

They may very well have registered it with state or federal governments.
I'm not sure at the federal level, but a state registration is good for
ten years.  But rights to a trade mark depend on usage.  I've registered a
couple of marks at the state level, and the form asks when you first began
using the mark.  The validity of a registration, as opposed to a competing
registration, depends on who has priority of usage, not who registered
first.  Even without registration, a trade mark is an enforceable right,
but the enforcement mechanisms work much better if the mark is registered. 

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  A. Joseph Ross, J.D.                                          617/367-0468
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