On Thu, Jul 31, 2014 at 04:02:16PM -0700, Josh Andler wrote:
> I suppose we should have a list of questions to ask Tony at one time if
> people have them. I'll start...
>
> Are the fees for the marks filed every 5 or 10 years? I'm a little unclear
> when viewing:
> http://www.uspto.gov/trademarks/process/postreg_nonmadrid_timeline.jsp
>
> Are the incontestability affidavits a one time thing or do they get renewed
> at some point?

Good questions.  Anyone else want to add to the list?  I'd like to send
our reply out either tomorrow evening or this weekend.

Bryce

> Cheers,
> Josh
>
>
> On Thu, Jul 31, 2014 at 2:49 PM, Bryce Harrington <bryce@...2...
> > wrote:
>
> > Opinions?
> >
> > ----- Forwarded message from Tony Sebro <tony@...41...> -----
> >
> > Date: Thu, 31 Jul 2014 17:25:15 -0400
> > From: Tony Sebro <tony@...90.....>
> > To: "inkscape@...41..." <inkscape@...41...>
> > Subject: affidavits to maintain & strengthen registration of the Inkscape
> > trademarks
> >
> > Hi, all: FYI, I will be filing affidavits required to maintain the
> > registration of the Inkscape trademarks[1] with the USPTO. The affidavit
> > filing fees amount to $100/registered mark, or $300, and are required to
> > maintain the registrations.
> >
> > I would also strongly recommend filing affidavits of incontestability
> > for each of the marks as well. Basically, we'd be asserting that:
> > - the marks have been in continuous use for 5 years
> > - there are no pending legal challenges to the marks
> > - there have been no final decisions adverse to our claim of ownership
> > of the marks.
> >
> > The incontestability affidavits would strengthen the presumption of
> > validity of the marks, and render them immune to certain challenges. The
> > USPTO charges an additional $200 per affidavit, so the total cost would
> > now be (3*200) + (3*100) = $900.  If that seems pricey, we could
> > consider only filing the incontestability affidavits for only a subset
> > of the marks (e.g., just the "Inkscape" literal mark).
> >
> > I will plan to file the maintenance affidavits either way.  How would
> > you like me to proceed re: the incontestability affidavits? Please
> > advise/confirm.
> >
> > Best, -Tony
> >
> > [1] as a reminder, the three registered marks are:  the "Inkscape"
> > literal mark (i.e., the word itself); the "ink mountain" logo; and the
> > "Draw Freely" slogan.
> >
> > --
> > Tony Sebro, General Counsel, Software Freedom Conservancy
> > +1-212-461-3245 x11
> > tony@...41...
> > www.sfconservancy.org
> >
> > ----- End forwarded message -----
> >
> >
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