Ed Roman now copies the Demon and War Angel

[tgreensl1]

Did you read on the price list where a case "above average quality" is $129

What a piece of shit anyways

[Venomboy]

Newc: contact Neal Moser. He's dealt with this a lot. He knows what can and cannot be trademarked. I created a bunch of drawings for him to submit for trademarking but I don't know what the actual filing process was.

[rjohnstone]

Anyone know how to trademark something? I've got the pictures, design mockups, and original work order I filed with VWall when I ordered it.

I've just gone through the USPTO (Patent and Trademark Office) site and there's tons of links to various PDF forms, but if someone's already been down this road, a guiding light will be appreciated. Anyone seen Rob Cavestany? He's done this sort of thing before.

I've filed Trademark applications for my wife's company (successfully without an attorney I might add, TM Reg. No. 3,443,743) and your design would likely not qualify for one.
Since you don't make or sell the Demon, you have no basis for a trademark claim.

You could get a Copyright on the design (art).
Then you could nail him on copyright infringement.

I suggest you head over to the Copyright website and begin filling out the paperwork.

http://www.copyright.gov/

But I do suggest you hire an IP attorney and work up a C&D letter to Ed as you did create this body design. It doesn't matter that some of the design elements came from existing designs. The end result is design unique in its own right.

[orion451]

I'm hoping Jackson will hit him with a C&D on the WarAngel at least. I didn't figure I could trademark the body, being that it's an amalgamation of 2 existing Jackson-trademarked designs.

Would be nice if I could - Jackson would have exclusive royalty-free rights to do it

Guess I better look into it before ESPee or Ibenhad makes one and they become popular


Dirty bastard even copied the 1990-style jack location I spec'd



HOLY SAMOANS! He's even ripping off the Death Angel and calling it the Angel Of Death (how original ) and the Hamer Scarab!

Whaddadouche

lol..."Ibeenhad". Always loved that one

[AK47]

I've filed Trademark applications for my wife's company (successfully without an attorney I might add, TM Reg. No. 3,443,743) and your design would likely not qualify for one.
Since you don't make or sell the Demon, you have no basis for a trademark claim.

You could get a Copyright on the design (art).
Then you could nail him on copyright infringement.

I suggest you head over to the Copyright website and begin filling out the paperwork.

http://www.copyright.gov/

But I do suggest you hire an IP attorney and work up a C&D letter to Ed as you did create this body design. It doesn't matter that some of the design elements came from existing designs. The end result is design unique in its own right.

I was about to say the same thing. Its a Copyright you want. Trademark is for your logo's.

I am in the process of trying to Trademark "Sucker Free" and I have not heard back from the TM office there was something about a open dispute and I had to file a responce so I dont know how that will go as I have filed a responce but I have not heard anything back yet.

[Newc]

I PMd McD and let him know I've given the design to Jackson so they can lock it up and make this pig stop. I'm in no financial condition to handle the filing fees and attorney's fees, and if I did have a copyright on it I'd have assigned exclusive rights to Jackson anyway. They've got the muscle to make it stick.

[rjohnstone]

I was about to say the same thing. Its a Copyright you want. Trademark is for your logo's.

I am in the process of trying to Trademark "Sucker Free" and I have not heard back from the TM office there was something about a open dispute and I had to file a responce so I dont know how that will go as I have filed a responce but I have not heard anything back yet.

What is the serial number for your TM filing? There are multiple listings for "Sucker Free".
I'd be happy to take a look at it for you.
If it's a non-final office action, it can take a few months for them to get back to you.

The whole process can take upwards of 18 months from start to finish.

[AK47]

What is the serial number for your TM filing? There are multiple listings for "Sucker Free".
I'd be happy to take a look at it for you.
If it's a non-final office action, it can take a few months for them to get back to you.

The whole process can take upwards of 18 months from start to finish.

serial number 77429179

If you can let me know in English what is going on with my process that would help me out. All I did was fill the forms out myself and then had to file a dispute responce?

I have no idea what is going on with it and attorneys keep soliciting me to take care of things but I am trying to do this myself I dont want to pay 1500 for something I can try to do myself for 250 dollars.

Thanks for the help.

[rjohnstone]

Ahh... you failed to send them back anything in the response to the office action in July.
Apparently you sent them back a blank form.
They noted this in the office action sent to you on Oct. 7th.

Applicant’s response filed on September 12, 2008 via the Trademark Electronic Application System (TEAS) is incomplete because the only data transmitted to the USPTO was an electronic signature; the response contained no other data.

You may want to resend the original response.

Judging by the first office action, you will most likely not get the trademark unless you drop a few registration classes.
Looks like you tried to shoot for the sky on this one.

Plus your mark is too similar to an existing mark. This is why you got dinged.

I picked a few things out of the list, but they do not look good.

SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION
Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 2383902 and 3347512. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the enclosed registrations.

COMPARISON OF MARKS
The applicant’s mark is SUCKER FREE, stylized, and the registered marks are (1) SUCKAFREE (Reg. No. 23839002) and (2) SUCKAFREE (Reg. No. 3347512). The marks are literally and phonetically identical. Slight differences in the sound of similar marks will not avoid a likelihood of confusion.

COMPARISON OF GOODS/SERVICES
Because of the similarities between the marks and the goods of the parties, a likelihood of confusion is created. The overriding concern is not only to prevent buyer confusion as to the source of the goods and/or services, but to protect the registrant from adverse commercial impact due to use of a similar mark by a newcomer.

You do have some options, so be prepared to do some research.

Applicant may respond to the stated refusal by submitting evidence and arguments against the refusal. In addition, applicant may respond by doing one of the following:

(1) Deleting the class to which the refusal pertains;

(2) Filing a request to divide out the goods and/or services that have not been refused registration, so that the mark may be published for opposition in the class to which the refusal does not pertain. See generally TMEP §§1110.05, 1403.03 (regarding the requirements for filing a request to divide),; or

(3) Amending the basis for that class, if appropriate. (The basis cannot be changed for applications filed under Trademark Act Section 66(a). TMEP §1904.01(a).)

[AK47]

Ahh... you failed to send them back anything in the response to the office action in July.
Apparently you sent them back a blank form.
They noted this in the office action sent to you on Oct. 7th.
You may want to resend the original response.

Judging by the first office action, you will most likely not get the trademark unless you drop a few registration classes.
Looks like you tried to shoot for the sky on this one.

Plus your mark is too similar to an existing mark. This is why you got dinged.

I picked a few things out of the list, but they do not look good.

You do have some options, so be prepared to do some research.

As you can see I had no idea what I was doing and I figure I could trademark as many goods as I wanted even though I did not have any.

What should I do to resubmit? I will redo the logo and only submit for one thing which I guess would be clothing and I figure I can move on later.

Is that the best way to go? I really dont want to pay an attorney 1500 to do this.

[rjohnstone]

You can't redo the logo and resubmit.
That would be considered a new application.
You can amend the existing application to only cover the class that you actually intend to sell the product under.
Since you filed a 1B (intent to use), you should only start in the primary class.
Start small.
I suggest trimming it down to the primary filing class. That would be IC 015. US 002 021 036. G & S: Acoustic guitars; Bass guitars; Electric guitars

Once you get that, you can always file for another class later.
They key is to get the primary first.
Dropping the other class, IC 025. US 022 039. G & S:, will pretty much remedy the office action.

Call the examining TM attorney listed in the office action. They will work with you.

[MetalHeadMat]

You made them :|???

[missionguitars1]

FWIW, you can not copyright a guitar body design. Head stocks, yes, but bodies, no. The copyright office has deemed that all guitar bodies are of essentially the same design.

Yes, I know that's nuts, but that's how the government works...

Fender is still trying to get the strat and tele design back into the fold, but they have been unsuccessful to date.

As for a logo/company name where there's no actual product involved (ie, the name of a company), you'd want to file for a service mark. You can get the Nolo book and do it yourself (about a $300 filing fee), or hire an attorney (add $200 to $300) - simple work for them, boilerplate forms that a paralegal will handle...legalzoom.com might be a good alternative too.

[Newc]

Then how can Gibson have sued PRS or anyone else for making even "kinda like" LP bodies?

How can Rob Cavestany have kept ESPee or Ibenhad from making Death Angels?

There's got to be a way to protect the design from "just anyone" making them.

[hgsmith]

"Abstract Guitars is the Brainchild of Ed Roman (The Guitar King)" :ROTF::ROTF::ROTF::ROTF::ROTF:

what a piece of plagiarized shit