Newest Urban Homesteading Trademark Development

Most unfortunate for the Derves family is the fact that EFF – Electronic Frontier Foundation is now involved and representing book authors/publishers who were contacted by the Dervaes family.  You can take a glimpse of their book on amazon,  The Urban Homestead: Your Guide to Self-Sufficient Living in the Heart of the City.  I ordered one a couple nights ago. *snicker*

You can read this development here at the EFFs website.  They have included in that posting a copy of the kick bootay letter Corynne McSherry, Intellectual Property Director for EFF sent the Dervaes family.  Good reading, I must say.

Seriously, what were they thinking?  The Dervaes family must be crapping their respective overalls and bloomers about now.

If you feel so inclined to help fight back, the EFF has a donation link on the side of the article also.  Unfortunately fighting injustices like these take time and money.

One Response to “Newest Urban Homesteading Trademark Development”
  1. Irina says:

    Urban Homesteading trademark was registered in Supplemental Register. It means that it is merely descriptive.
    Descriptive marks (or more properly, “merely descriptive marks”) are devices which merely describe the services or goods on which the mark is used. If a device is merely descriptive, it is not a mark at all, since it does not serve to identify the source of the goods or services. No trademark rights are granted to merely descriptive marks. No secondary meaning was developed by Dervaes to make it a protectable trademark. Most of people believe and there is sufficient proof in the internet that Urban Homesteading is generic phrase and therefore is incapable of functioning as a trademark
    The benefits that apply to Supplemental Registrations are:
    1) the mark will appear in trademark searches, and that the registrant is given the right to use the ® symbol in connection with the mark.
    2) In addition, having a mark registered on the Supplemental register will assist in achieving registration of the mark in certain foreign countries.
    3) Finally, Supplement Registrations can be used to help prove exclusive use of a mark for a five year period, which is one of the ways in which secondary meaning may be proved to the U.S.P.T.O.
    Even if no opposition is filed, and the application becomes registered, it is still possible for a third-party to object to the registration of a particular mark. This objection is usually made through a cancellation proceeding, which is similar to an opposition proceeding except that it takes place after registration.

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