[tony@...41...: affidavits to maintain & strengthen registration of the Inkscape trademarks]
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.
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?
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@...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.
-- Tony Sebro, General Counsel, Software Freedom Conservancy +1-212-461-3245 x11 tony@...41... www.sfconservancy.org
----- End forwarded message -----
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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@...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.
-- Tony Sebro, General Counsel, Software Freedom Conservancy +1-212-461-3245 x11 tony@...41... www.sfconservancy.org
----- End forwarded message -----
Infragistics Professional Build stunning WinForms apps today! Reboot your WinForms applications with our WinForms controls. Build a bridge from your legacy apps to the future.
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Based on Tony's response I think we should just go for all 3 especially because it doesn't cost that much to maintain after the fact.
If a formal vote is put forth I'll vote yes for both types of affidavits on all 3.
Cheers, Josh
On Thu, Jul 31, 2014 at 10:44 PM, Bryce Harrington < bryce@...2...> wrote:
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@...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.
-- Tony Sebro, General Counsel, Software Freedom Conservancy +1-212-461-3245 x11 tony@...41... www.sfconservancy.org
----- End forwarded message -----
Infragistics Professional Build stunning WinForms apps today! Reboot your WinForms applications with our WinForms controls. Build a bridge from your legacy apps to the future.
http://pubads.g.doubleclick.net/gampad/clk?id=153845071&iu=/4140/ostg.cl...
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On Mon, Aug 11, 2014 at 11:45:15PM +0200, Tavmjong Bah wrote:
On Mon, 2014-08-11 at 11:50 -0700, Josh Andler wrote:
Based on Tony's response I think we should just go for all 3 especially because it doesn't cost that much to maintain after the fact.
If a formal vote is put forth I'll vote yes for both types of affidavits on all 3.
+1
Tav
Yeah let's just do a quick informal vote. I'm +1 as well.
I'd particularly like to hear if anyone is opposed.
Bryce
On Thu, Jul 31, 2014 at 02:49:52PM -0700, Bryce Harrington wrote:
Opinions?
I've notified them of our majority opinion favoring this.
----- 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.
-- Tony Sebro, General Counsel, Software Freedom Conservancy +1-212-461-3245 x11 tony@...41... www.sfconservancy.org
----- End forwarded message -----
Infragistics Professional Build stunning WinForms apps today! Reboot your WinForms applications with our WinForms controls. Build a bridge from your legacy apps to the future. http://pubads.g.doubleclick.net/gampad/clk?id=153845071&iu=/4140/ostg.cl... _______________________________________________ Inkscape-board mailing list Inkscape-board@lists.sourceforge.net https://lists.sourceforge.net/lists/listinfo/inkscape-board
participants (3)
-
Bryce Harrington -
Josh Andler -
Tavmjong Bah