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Thread: UPDATED Trademarks List: New, Unused And/Or Notable

  1. #1526
    Heroic Warrior Durendal's Avatar
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    Quote Originally Posted by zodak74 View Post
    Man, if they do Vykron again... I hope it's a three pack of figures and not just one figure with a set of dress up armor pieces. I like the idea of them all being separate characters vs. just one dude with a bunch of armor swapping.
    I'm pretty sure that its canon that he is in fact 3 different characters - Space Ace, Tank Top, and I guess Vykron?

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  3. #1528
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    Very interesting. Quite a bit of PoP there as we approach it's 40th, and coincidentally have started the cartoon stage of Origins.

  4. #1529
    Heroic Warrior Bear's Avatar
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    Huh. Guess they're making Expy of Songster?

    Also a lot of Pop...I dont want to raise my hopes.

  5. #1530
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    Not that I won't be expecting some of them anyway, but putting names on boxes is often how you technically prove copyright use so it doesn't lapse.

  6. #1531
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    Quote Originally Posted by Sketchy Skeletor View Post
    Not that I won't be expecting some of them anyway, but putting names on boxes is often how you technically prove copyright use so it doesn't lapse.
    Yeah. Basically the whole list is just trademarks they filed back in 2021, practically in the same order. I wouldn't look at it as anything other than a big nothing. I don't see there being any significance other than "now the copyright won't expire"
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  7. #1532
    Heroic Warrior Smitty.81's Avatar
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    The only thing we could get from that list is Modulok. As he... they is... were in the vintage MOTU line. And I'm sure someone on the MOTU team is pushing for that toy to get made.

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  8. #1533
    Heroic Warrior Bear's Avatar
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    Come on, we could get some of these in Masterverse.

  9. #1534
    Heroic Warrior Smitty.81's Avatar
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    Quote Originally Posted by Bear View Post
    Come on, we could get some of these in Masterverse.
    We could, and I hope we do, but in the short term Modulok is the most likely to come out.

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  10. #1535
    Heroic Warrior Bear's Avatar
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    Well, Marlena and Eldor don't seem impossible for Origins, I'd hope.

  11. #1536
    Heroic Warrior Smitty.81's Avatar
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    Quote Originally Posted by Bear View Post
    Well, Marlena and Eldor don't seem impossible for Origins, I'd hope.
    I could see them doing Marlena in the Cartoon Collection and Eldor in the Vintage Collection.

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  12. #1537
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    Sounding off on the box names. Back in the day, Mattel would sometimes print names of unrelated characters on the MOTU Classics mailer boxes. We were told this was just a way to keep the names trademarked. This is probably the same thing. Nothing to see here, other than their interest in keeping the names in their possession.

  13. #1538
    Über Fan Adam_Prince of Eternia's Avatar
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    Quote Originally Posted by Dinobot View Post
    Sounding off on the box names. Back in the day, Mattel would sometimes print names of unrelated characters on the MOTU Classics mailer boxes. We were told this was just a way to keep the names trademarked. This is probably the same thing. Nothing to see here, other than their interest in keeping the names in their possession.
    Trademark filings require an intent to use in commerce within a certain date of the filing. Simply publishing a mark on packaging will not park it if no subsequent goods are sold using it within the designated period.

  14. #1539
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    Seems Mattel re-filed for Despara.

  15. #1540
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    Quote Originally Posted by Adam_Prince of Eternia View Post
    Trademark filings require an intent to use in commerce within a certain date of the filing. Simply publishing a mark on packaging will not park it if no subsequent goods are sold using it within the designated period.
    Technically right but putting it on the box is enough of a use in commerce for a trademark clerk to approve their application in practice and you'd have to sue or contest the trademark to get the USPTO to notice what Mattel was doing.

    I think Mattel is essentially trying to get their money's worth out of the filing fee by technically illegitimately tricking a clerk into approving their application because the planned use in commerce back when they filed fell through.

    They filed, at the time planning toys. Rather than let the filing fees go to waste, they pretend a box is used to ship multiple figures and the clerk approves their application.

    As for Despera, I honestly think she's in Revolutions.

    Smith was vocal about wanting to use She-Ra before.

    There are rights issues.

    But the Despera rights are entirely on the MOTU side. And we're getting a Horde story.

    So Smith can have Adam's unnamed sister be Despera (maybe even call her Adora) and as long as she never becomes She-Ra onscreen then Smith can get away with it, most likely.

    He might even get away with her using a power sword or artifact and getting a different name and costume and technically be in the clear.

  16. #1541
    Über Fan Adam_Prince of Eternia's Avatar
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    Quote Originally Posted by Secret View Post
    Technically right but putting it on the box is enough of a use in commerce for a trademark clerk to approve their application in practice and you'd have to sue or contest the trademark to get the USPTO to notice what Mattel was doing.

    I think Mattel is essentially trying to get their money's worth out of the filing fee by technically illegitimately tricking a clerk into approving their application because the planned use in commerce back when they filed fell through.

    They filed, at the time planning toys. Rather than let the filing fees go to waste, they pretend a box is used to ship multiple figures and the clerk approves their application.
    There is no cost savings, because each mark has to be filed separately with a separate fee. It is actually more expensive to file marks you do not intend to use for this reason. And parked marks lose protections if they are not produced as goods within the designated period. So there is no benefit to doing it unless there is actual intent to market, because it saves the filer time to research and file marks in batches.

  17. #1542
    Heroic Warrior Smitty.81's Avatar
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    Quote Originally Posted by Adam_Prince of Eternia View Post
    There is no cost savings, because each mark has to be filed separately with a separate fee. It is actually more expensive to file marks you do not intend to use for this reason. And parked marks lose protections if they are not produced as goods within the designated period. So there is no benefit to doing it unless there is actual intent to market, because it saves the filer time to research and file marks in batches.
    I think they just need to use the trademark to keep it, not make a product.

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  18. #1543
    Opiate of the Masses anytimepally's Avatar
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    Quote Originally Posted by Smitty.81 View Post
    I think they just need to use the trademark to keep it, not make a product.

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    You are correct. https://www.uspto.gov/trademarks/bas...n-filing-basis

    "Bona fide use of a trademark in the trade of goods or services. The trademark must be either:

    • *On the goods, packaging, labels, tags, or displays where the goods are sold or transported in commerce, or
      *Used to sell or advertise services rendered in commerce

    For federal registration, your goods or services must be offered in more than on U.S. state or territory, or in the U.S. and at least one other country. "

  19. #1544
    Über Fan Adam_Prince of Eternia's Avatar
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    Quote Originally Posted by anytimepally View Post

    Quote Originally Posted by Smitty.81 View Post
    I think they just need to use the trademark to keep it, not make a product.
    You are correct. https://www.uspto.gov/trademarks/bas...n-filing-basis

    "Bona fide use of a trademark in the trade of goods or services. The trademark must be either:

    • *On the goods, packaging, labels, tags, or displays where the goods are sold or transported in commerce, or
      *Used to sell or advertise services rendered in commerce

    For federal registration, your goods or services must be offered in more than on U.S. state or territory, or in the U.S. and at least one other country. "
    That will park it, but it will not hold it.

  20. #1545
    Heroic Warrior Smitty.81's Avatar
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    Quote Originally Posted by Adam_Prince of Eternia View Post
    That will park it, but it will not hold it.
    It's a legal move. It can be used to show that they were using the trademark if some other toy company makes a Sweet Bee toy.

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  21. #1546
    Über Fan Adam_Prince of Eternia's Avatar
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    Quote Originally Posted by Smitty.81 View Post
    It's a legal move. It can be used to show that they were using the trademark if some other toy company makes a Sweet Bee toy.
    I do not know how to make this any simpler for you. Mark protection arises from use. Registration simply gives the registrar the presumption of ownership in court. If the mark is not used, the protection goes away. Publishing a mark on packaging starts the clock on protections. If nothing is subsequently produced with the mark, the protections go away. Registration itself requires an attestation of intent to produce goods. If no goods are produced, the mark lapses. What are you not understanding?

  22. #1547
    Heroic Warrior Smitty.81's Avatar
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    Quote Originally Posted by Adam_Prince of Eternia View Post
    I do not know how to make this any simpler for you. Mark protection arises from use. Registration simply gives the registrar the presumption of ownership in court. If the mark is not used, the protection goes away. Publishing a mark on packaging starts the clock on protections. If nothing is subsequently produced with the mark, the protections go away. Registration itself requires an attestation of intent to produce goods. If no goods are produced, the mark lapses. What are you not understanding?
    Using the trademark keeps it from lapsing, even if it's just names randomly printed on a box.

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  23. #1548
    Über Fan Adam_Prince of Eternia's Avatar
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    Quote Originally Posted by Smitty.81 View Post
    Using the trademark keeps it from lapsing, even if it's just names randomly printed on a box.
    Is your brain broken?

  24. #1549
    Heroic Warrior Smitty.81's Avatar
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    Quote Originally Posted by Adam_Prince of Eternia View Post
    Is your brain broken?
    By Zoar, you're a stubborn know it all.

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  25. #1550
    Über Fan Adam_Prince of Eternia's Avatar
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    Quote Originally Posted by Smitty.81 View Post
    By Zoar, you're a stubborn know it all.
    I am a copyright specialist, and I used to be a rights management coordinator for the largest recruitment advertising agency in the world. I definitely know it all about this, and I do not need you to explain it to me. If anything, you should stop playing know-it-all, and you might actually learn something.

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