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- Note that it is not possible to claim trademark infringement if you
- haven't claimed mark! You don't claim a mark as being yours by filing
- a suit making that claim. Where do you find "ARC" being claimed as a
- trademark of SEA prior to the suit, except in the suit itself? Did
- SEA advertise the ARC product? If so, look in the ad. Was there a
- claim that the mark ARC was their trademark? Look in the distributed
- SEA files. Is there a claim anywhere?
-
- There are some basic requirements to register a trademark:
-
- 1. The mark must be associated with a product being sold.
-
- Some shareware is in a gray area when that shareware does not require
- you to purchase the product after some evaluation period. Requesting
- a contribution or donation or similar terms does not necessarily mean
- the product is being sold.
-
- 2. The mark must be CLAIMED as a mark associated with that product
- for at least ONE YEAR prior to filing to register the mark.
-
- To claim a mark as your trademark, you must clearly indicate what is
- being claimed as the mark, usually with the symbol "tm" adjacent to
- the mark and the words "xxx is a trademark of yyy." That claim must
- consistently appear in your advertising, documentation, etc., of that
- product.
-
- 3. The claimed mark must be defended, even after it has been
- registered, by notifying another company of your prior claim to the
- mark when that other company attempts to use or claim that mark for
- their product in the same or related field.
-
- 4. Once the mark has been registered, you must file proof every five
- years that the product associated with that mark is still being sold
- or offered for sale.
-