Opinions?
----- Forwarded message from Tony Sebro <tony@...41...> -----
Date: Thu, 31 Jul 2014 17:25:15 -0400 From: Tony Sebro <tony@...41...> 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.