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29 June 2001 - Latest email to the UK Patent Office


Dear Dr Philpott

In response to your email of 22 June - further to my reply of same date.

I have a question for the Patent Office to answer about trademarks - please consult anybody and everybody there. This email and your reply will go on my WIPO.org.uk site. I have logically considered and informed findings, the major one ratified by attorneys, and believe you can give extra weight to this.

I trust you are people of honour, and will not avoid this question - as has been my experience from what can only be corrupt persons (IMO) thus far. Those devious people do not want the problem of trademarks on the Internet solved.

Please tell me what is wrong with the logic of the following statements.

1. Every trademark is distinctive from others or declared invalid. Therefore, they can all be separated by its uniqueness. This exclusivity consists of:

a. Name
b. Classification
c. Country

2. Every word in our dictionary seems used for trademarks in the whole English-speaking world. Most are used many times over. Your search engine is not as good as USPTO, but was able to find following - JUST IN THE UK ALONE:

a. Words from Alpha (very many entries inc. E232330) to Zeta (many inc. 773747) [oops! Omega loads inc. 283841].
b. Words from Aardvark (several inc. E207464) to Zulu (few inc. 1365085).

3. Because of:

a. Point 2 above
b. Trademarks 'raison d'être' - to identify source
c. Basic tenet of trademark law [protect consumers and trademark owners from confusion in the marketplace]
d. Free speech issues
e. To guarantee source
f. For the proper use of trademarks - to give warning, to advise the public that the mark is registered.

Something should be used to replace the RTM on the Internet [®]. A new TLD of .REG will satisfy that requirement.

4. The simple solution for all registered trademarks to use their mark on the Internet and to stop 'consumer confusion' or 'trademark infringement' problems is - name.class.country.reg. People could tell difference immediately, say for example, between apple.record.uk.reg and apple.computer.uk.reg !

I await your reply.

Regards,

Garry Anderson

www.WIPO.org.uk

P.S. A few notes to help you:

Trade Marks identify the products or services of particular traders
http://www.patent.gov.uk/tm/index.htm

To be registrable a trade mark must be:
distinctive for the goods/services for which registration is sought,
and
not deceptive, or contrary to law or morality,
and
not identical or similar to any earlier marks for the same or similar goods/services.
http://www.patent.gov.uk/tm/definition.htm

A trade mark may be declared invalid on the grounds that either:
it was registered in breach of Section 3 of the 1994 Trade Marks Act, i.e. absolute grounds, e.g. due to a lack of distinctiveness in the mark,
http://www.patent.gov.uk/tm/indetail/invalidn.htm

2 August - they replied, disappointingly refusing to answer and said it is nothing to do with them.
In my opinion it was cowardly not to do so and, given the injustices, lacking in honour.


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All is my true considered and informed opinion - GA - The logic is sound - skiLfuL.com