Re: question about trademarked and registered names

**H*@aol.com**

I think there are different levels of trademark protection and how far  
those of us who own marks will go to protect those them.  I really don't  care 
if someone mentions my mark in something that they are writing...in fact  
I'm flattered.  But if they attach my mark to a product they are promoting  or 
mis-represent  the use of the mark then they will hear from my or my  
attorney.  There are a myriad of reasons for owning a mark and protecting  it.  
If you don't it ultimately diminishes its value.

Consider a trade marked rose or a line of roses that are trade  marked.  If 
I owned that mark I'd want everyone using it in everything they  wrote and 
I wouldn't expect them to give notice regarding the mark.  By the  same 
token, the very second someone else came out with a rose that had a name  that 
even remotely seemed to allude in some way to my mark they would get  the 
usual cease and desist followed by the legal papers.

And yes, I have used the mark 'Clorox' in my column and more than once I  
have received a polite letter informing me that Clorox is a registered trade  
mark and that in the future, if I chose to refer to their brand of  
bleach......

A

Andrew Messinger
The Hampton Gardener is a  registered trade mark and is published every 
week in The Southampton Press, The  Press The Easthampton Press and online at 
27east.com 

In a message dated 2/25/2013 7:26:30 P.M. Eastern Standard Time,  
dcamp911@gmail.com writes:

-----Original Message----- 
From: Carolyn Ulrich  Subject: [GWL] question about trademarked and 
registered  names

>My question is about plants with trademarked and  registered names. Do
>we have to keep using  (TM) or (R) for every  reference to these names
>or just the first time they're  cited?

Or even that. I never ... well, almost never ... use TM or R,  and so far 
no 
FBI agents have turned up at my door. Not even a cease and  desist letter. 
How often, if ever, have you seen "Kleenex (TM)" or "Clorox  (TM)" in 
newspapers or magazines? I would bet that even Proven Winners  goes without 
the cite in well over 90 percent of cases. Live on the wild  side. Ignore 
it 
all.

Duane Campbell
Syndicated garden  columnist
Author: Best of Green Space; 30 Years of Composted Columns  

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