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Discussion: Ultracade and the Mame Trademark
JODY:
I submitted my email to the trademark office. Recommend you do the same.
Paul Olson:
Found this on the trademark site
--- Quote ---Do I have to be a U.S. citizen to apply?
No. However, if you do not reside in the United States, you may appoint a "domestic representative" as part of the application process (see below).
--- End quote ---
Nicola, or another mamedev could put in an application, that should at least force the trademark office to figure it out.
Looks like the filing fee is $75 for a small entity, or $300 regular. There are a lot of different fees listed so I don't know if there would be extra costs involved.
Paul
Patent Doc:
Never fear you guys this will get stomped at the USPTO. So you know there are several things you can trademark:
including
A name (ex. xerox or in this case MAME)
A design (the NIKE swoosh or the stylistic way MAME is drawn)
there are many other ways to to claim things
but no matter what, this will get examined. Yes, trade usage is important, but this isn't novel usage. He won't get a R without examination. He won't get a TM without lots of use that is associated with his product only. If this gets through, we can force a re-exam. Also, if his counsel is listed on the PTO sight, and they probably are, simply notifying the responsible attorney should bring this to a grinding hault. An attorney MUST have a "good faith" belief that this is deserving a trademark or he is violating his ethical duty and can be disbarred for inequitable conduct. To show inequitable conduct you must show intent and materiality, the more material, the less intent is needed. See where I'm going with this. This is really material stuff (the existance of all this mame "art"). Also, by contacting the attorney he has been put on notice of art, even if he took Mr. Ultracade's word there wasn't anything out there, now he knows better and is duty bound to inform the patent office, or once again he can be disbarred. Being disbarred is a great motvator and WILL get the attorney to tell the patent office what he knows.
As an aside, those who originated the name and any designs, please trademark this outside the US too. A trademark in the US only works in the US, let's nip this in the bud.
I swear when I get time I'm gonna right a MAMErs guide to Patents, Trademark, and Copyrights.
Patent Doc
RetroJames:
From the USPTO entry for Mr. Ultracade's filing;
Attorney of Record Lee Hagelshaw
I assume it is fairly easy to find his address as he should be a member of the Calif Bar.
EDIT AGAIN: There ya go: http://members.calbar.ca.gov/search/member_detail.aspx?x=99742
Contact Info
Address 350 Townsend St #406
San Francisco, CA 94107
Phone Number (415)615-9300
Fax Number (415)615-9301
lhagelshaw@aol.com
ften:
He doesn't have a chance in hell to win, with all the references to MAME on the internet predating Ultracade. You know there have to be MAME users at the USPTO who are laughing at this guy right now.
Anyway I'd donate all i could spare to fight this, if push came to shove.
-FTen