Re: Trademark nit

Subject: Re: Trademark nit
From: Paul Gauthier <pgauthie -at- JETFORM -dot- COM>
Date: Fri, 21 Mar 1997 10:48:21 -0500

In response to...
>>Date: Thu, 20 Mar 1997 15:49:39 -0600
>>From: Chris Hamilton <chamilton -at- GR -dot- COM>
>>Subject: Trademark nit
>>
>>I know that a trademark should be an adjective and that it can't possess
>>things. But if I use the trademark and its associated noun, then use a
>>pronoun in place of them, can the pronoun own something.
>>
>>For instance:
>>
>>This is the XYZ(TM) thingamajig. Its best feature is that I make money
>>when people buy it.
>>
>>Linguistically, it refers back to thingamajig, not XYZ. How about
>>legally?
>>
>>Thanks.
>>Chris Hamilton, Technical Writer
>>Greenbrier & Russel
>>847.330.4146
Yes, Chris. I'm not a legal beagle, but with my experience I'd say that
this is OK.

The reason the trademark cannot possess isn't just that it has to be an
adjective but because by adding "'s" at the end of the trademark you are
changing the trademark and jeopardizing the ability the ability to keep
it as your trademark. Therefore, when using a pronoun later does not
alter the trademark and is OK.

Paul Gauthier (PGauthie -at- JetForm -dot- com)
Senior Documentation Specialist
JetForm Corporation
Toronto, ON

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