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

6 comments:

Ik ben Esther said...

Tjonge zeg wat een toestand...waarom willen mensen toch zo moeilijk doen als jij al die naam hebt als bedrijf he?
Gelukkig dat het voor jou allemaal toch nog goed is gekomen maar leuk is anders natuurlijk...
Ik blijf in ieder geval jou ThReAdTeDs volgen hoor...:O)
liefs Esther

ThReAdTeDs® said...

Dank je wel Esther !!

Marcella said...

Hoi Berta,
't Fijne begrijp ik er niet helemaal van, maar ik zou zou zeggen dat je ook een beetje gewonnen hebt: je mag je eigen naam tenminste houden.Als ik me goed herinner wilden ze je die ook nog afhandig maken.
Ik blijf trouw aan ThReAdTeDs hoor!
Groet vn Marcella

BluMoon said...

Hi Berta, I am so glad this is fanally settled although not quite what you would have wished.
Jackie

JOANNES WEE BEARS said...

Stand behind you all the way. It's just plain mean.
Joanne

Thread Bears ® said...
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