Wednesday, February 27, 2013

I like to let you know..

8 years ago a mother and daughter team applied for the trademark "Thread Teds by Thread Bears".

Many of you know that I have been using ThReAdTeDs as my trademark since 2002 and I filed an opposition against their filing because it is too similar to my trademark and is confusing to customers.

Unfortunately, after a long, 8 year proceeding my opposition was denied, this mother and daughter team are now able to to proceed with their application, in hopes that it will mature into another registered trademark for the same goods- the mark "Thread Teds by Thread Bears".

One good thing comes out of this though, to be able to trademark the mark "Thread Teds by Thread Bears", the mother and daughter team had to disclaim the wording "THREAD TEDS" and "THREAD BEARS" because the trademark office decided it was the name of their goods and not registerable.

There are certain words that the USPTO will not allow to be trademarked because they are generic, etc. So they are asked to disclaim (give up) trademark protection on the words "THREAD TEDS" and "THREAD BEARS", but they still retain trademark protection on the whole "Thread Teds by Thread Bears". So in this case they have TM in "Thread Teds by Thread Bears" but not just in "THREAD TEDS" or "THREAD BEARS".

When a trademark owner disclaims in its trademark registration a portion of the trademark, the trademark owner is declaring to the world that it claims no exclusive right to use that disclaimed portion apart from the trademark as a whole.

So ... by registering "Thread Teds by Thread Bears" as a trademark with "THREAD TEDS" and "THREAD BEARS" disclaimed, the trademark owner claims the exclusive right to use the "Thread Teds by Thread Bears" phrase to brand its product or service but disclaims the exclusive right to use "THREAD TEDS" and "THREAD BEARS" by itself to brand that product or service.
That means, I continue can use my trademark ThReAdTeDs  and am even officially allowed to call my crocheted bears as before "thread bears".

View the entire final action in Thread Teds by Thread Bears proceeding, it is worth to read:
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FINAL ACTION 2007

THIS IS A FINAL ACTION

This FINAL OFFICE ACTION responds to applicant’s communication filed on December 14, 2006 in which the applicant argued against the requirement for the disclaimer of the wording “THREAD BEARS”.  The examining attorney has carefully considered the applicant's arguments but has found them unpersuasive.  For the reasons below, the requirement for the disclaimer of the wording “THREAD BEARS” is maintained and now made FINAL.  37 C.F.R. §2.64(a).

The computerized printing format for the Office’s Trademark Official Gazette requires a standardized format for a disclaimer.  TMEP §1213.08(a)(i).  The following is the standard format used by the Office:

No claim is made to the exclusive right to use “THREAD TEDS” and “THREAD BEARS” apart from the mark as shown.

EXAMINER`S AMENDMENT 2009 (nothing has changed since that final action 2007)

DISCLAIMER:

The disclaimer statement is amended to read as follows:

            No claim is made to the exclusive right to use “THREAD TEDS” and “THREAD BEARS” apart from the mark as shown.
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So, if you are looking for collectible thread bears and friends designed and made by Berta Hesen-Minten look for..   ThReAdTeDs®.. stylized written with upper and lower case alternated; that`s me.
Thanks so much!

Berta

Saturday, February 16, 2013

Workshop Annemie koenen


I learned so much in the 3 day Shibori workshop last weekend. Annemie Koenen was a great teacher, very patience and very eager to teach us all we asked. Time was flying. 

The first day we made a small project, I choose for the bracelet. Making this small project made us familiar using the Shibori technique, and made us understand how to count and prepare a pre-felt for a bigger piece.  


Day 2 we first learned about size and shrinking.. then we were off to make the bigger project which would take all the 2 last days. Me and my friend (and the other students in the back ground) laying out the wool for the pre-felt.. 


Which resulted in the above collar after 2 days hard work.  Amazing huh..  I love the ruffles and balls.. I love how the colors blend into each other..


Student showing their finished Shibori pieces.  Right in the picture the teacher Annemie Koenen. Thank you Annemie for teaching and sharing an unforgettable felting experience !  


The day after at home I made the above piece from SA merino wool. It is so soft and felted so wonderful. Hope to have time to start another felt project soon..


Sunday, February 3, 2013

Busy

Not much posting on my Blog means.. I am busy.

I finished a new design for Panda Bunny with over sized feet and ears, made from wonderfull  XX Long Pile mini fabric (available from ThReAdTeDs® only) and which will be available as a Kit soon.


For those who are waiting for it, I still work on the thread elephant pattern, it takes longer as expected though..  but I promise it is worth the wait. 

Also have done some wet felting.... 

I admire the pods from Andrea Graham, and planned to do her on-line workshop she is teaching live with web-cam.  But as English is not my native language, and I only would be able to follow her instructions on my I-pad (my computer isn't near enough to my working space) I was afraid I could not follow her instruction properly.  And the price to pay would then be to high, and I had to cancel.  I am sure it would be worth it though, IF able to follow her workshop properly. 

However..  With trial and error this is the result of my first (I am sure there are more to follow) solid wet felted pod.  This was an expiriment, to try several techniques, but I love the result.  This pod is small with only 6.5" tall.

  Front..


....and back view.  The next one will be bigger... 

Now I am looking forward to another 3 day workshop for Shibory felting the end of this week, teacher; Annemie Koenen.  But first....

some mini fabrics are waiting for a dye bath...