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Comment by duxup | Hacker News Reader

Did the non Chinese have any trademarks? Anywhere?

I'm not sure if it is possible to link to the results of a trademark search at the PTO site, so I'll just copy/paste the info:

Word Mark CLICKER HEROES

Goods and Services IC 041. US 100 101 107. G & S: Electronic games services provided by means of the internet; Entertainment services, namely, providing online electronic games; Entertainment services, namely, providing temporary use of non-downloadable interactive games; Providing on-line computer games; Providing online augmented reality games. FIRST USE: 20140701. FIRST USE IN COMMERCE: 20140701

Standard Characters Claimed

Mark Drawing Code (4) STANDARD CHARACTER MARK

Serial Number 86389199

Filing Date September 9, 2014

Current Basis 1A

Original Filing Basis 1A

Published for Opposition February 17, 2015

Registration Number 4731199

Registration Date May 5, 2015

Owner (REGISTRANT) Playsaurus, Inc. CORPORATION CALIFORNIA 3435 Wilshire Blvd #2748 Los Angeles CALIFORNIA 90010

Attorney of Record Elizabeth Oliner

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "CLICKER" APART FROM THE MARK AS SHOWN

Type of Mark SERVICE MARK

Live/Dead Indicator LIVE

Yes. In the US and Europe I believe.

They will have had it automatically.

You are thinking of copyright. Trademarks are not automatic.

>'The U.S. Patent and Trademark Office (USPTO) defines a trademark as a "word, phrase, symbol, or design, or a combination thereof," used to identify and distinguish a company's goods. A service mark is essentially the same thing but pertains to services rather than goods. Your mark (either trademark or service mark) is legally protected through common law once it goes into commercial use, but sometimes it makes sense to register your mark.'

https://smallbusiness.findlaw.com/intellectual-property/trad...

This is an argument similar to "China is odd for using the metric system; to prove it here is the US using Imperial"

> Let’s start with how the U.S. is different from other countries. In the U.S., just using a brand in commerce will grant you some legal rights over the brand. Many jurisdictions, however, are “first-to-file” countries. That means whoever registers a trademark first – regardless of whether they’re using it – is the owner of the mark. For example, both China and Japan are “first-to-file” countries.

https://thestartuplawblog.com/trademarks-file-outside-u-s/

Given I was ultimately writing in answer to;

>'Did the non Chinese have any trademarks? Anywhere?'

May I take this opportunity to say; 'Huh?'

Trademarks are automatic once you make your first sale.

Common law trademark rights are automatic. Registration is just a stronger claim with more rights to damages. In fact to get a registered mark you must first use it in commerce as a common law mark.

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