Trademark & Copyright:
By Definition:
What is a trademark? A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name. [from the USTPO website]
What is copyright? Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works. [from the US Copyright website]
What is a trademark? A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name. [from the USTPO website]
What is copyright? Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works. [from the US Copyright website]
Trademark as it pertains to the term "Shiloh Shepherd"
For many years the breed founder has claimed all other registries that are not associated with her as producing frauds because of her trademark rights to the name Shiloh Shepherd. The USTPO (United States Trademark & Patent Office) Ruling shows that a determination was made in a court of law in January 1998, that there are no trademark rights to the name Shiloh Shepherd.
USTPO Ruling United States Trademark & Patent Office » http://www.uspto.gov
Date: January 2, 1998
Serial Number: 75/039009
Applicant: Tina M. Barber Mark: Shiloh Shepherds
Ruling: In response for Request for Reconsideration:
Summary:
as quoted from
pg1 of this ruling Refusals to Register the Mark Made Final
Registration was refused under Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1), because the subject matter for which registration is sought is merely descriptive of the identified good. Furthermore, the applicant has not shown adequate evidence to support a claim of acquired distinctiveness under Section 2(f). The examining attorney has considered the applicant's arguments carefully but has found them unpersuasive. For the reasons below, the refusals to register the mark under Section 2(e)(1) and under Section 2(f) are maintained and FINAL."
Current Status: Results from The United States Patent & Trademark Office to see whether or not "Shiloh Shepherd" has a valid current trademark applied to it, can be seen by doing the following search:
a. from the http://www.uspto.gov homepage, [select Trademarks], Search
b. select "Site Overview - New User", Search
c. select "How to Search Patents and Trademarks" from choices in right column
d. select "Search Trademarks Now"
e. select "New User Form Search (Basic)"
c. Search Term = shiloh shepherds
d. select field = ALL
e. Search Results Must Contain = Any Search Terms (AND)
f. Submit Query
You will then see at least 2 results:
1. International Shiloh Shepherd Registry
2. Shiloh Shepherds
Serial Number: 75/039009
Applicant: Tina M. Barber Mark: Shiloh Shepherds
Ruling: In response for Request for Reconsideration:
Summary:
as quoted from
pg1 of this ruling Refusals to Register the Mark Made Final
Registration was refused under Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1), because the subject matter for which registration is sought is merely descriptive of the identified good. Furthermore, the applicant has not shown adequate evidence to support a claim of acquired distinctiveness under Section 2(f). The examining attorney has considered the applicant's arguments carefully but has found them unpersuasive. For the reasons below, the refusals to register the mark under Section 2(e)(1) and under Section 2(f) are maintained and FINAL."
Current Status: Results from The United States Patent & Trademark Office to see whether or not "Shiloh Shepherd" has a valid current trademark applied to it, can be seen by doing the following search:
a. from the http://www.uspto.gov homepage, [select Trademarks], Search
b. select "Site Overview - New User", Search
c. select "How to Search Patents and Trademarks" from choices in right column
d. select "Search Trademarks Now"
e. select "New User Form Search (Basic)"
c. Search Term = shiloh shepherds
d. select field = ALL
e. Search Results Must Contain = Any Search Terms (AND)
f. Submit Query
You will then see at least 2 results:
1. International Shiloh Shepherd Registry
2. Shiloh Shepherds
| sstrademarkrefusal_010298.pdf |
Copyright as it pertains to the Shiloh Shepherd Breed Standard:
Over years one of the many conflicts between the breed founder and breeders/registries which do not belong to her organization concerns the rights to the use and display of the Shiloh Shepherd Breed Standard as it was originally written back in 1990.
The Original Shiloh Shepherd Breed Standard is a compilation of semi-original work and a large part of the German Shepherd Breed Standard. However, this fact does not rule out the copyrights of the author, nor does the fact that all members that worked on this standard are not listed.
Copyright is understood and does not have to be formally filed to be valid and to quote from the US Copyright Office - "As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years."
Date: May 2, 2005
Serial Number: TXu1-247-815
Applicant: Tina M Barber
Document Title: "Shiloh Shepherd Breed Standard" also titled "International Shiloh Shepherd Registry Breed Standard"
Current Status: Copy of side 1 (of 2) of approved document can be found on the ISSR website {http://www.shilohshepherds.info/Breedstandard.htm}.
The Original Shiloh Shepherd Breed Standard is a compilation of semi-original work and a large part of the German Shepherd Breed Standard. However, this fact does not rule out the copyrights of the author, nor does the fact that all members that worked on this standard are not listed.
Copyright is understood and does not have to be formally filed to be valid and to quote from the US Copyright Office - "As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years."
Date: May 2, 2005
Serial Number: TXu1-247-815
Applicant: Tina M Barber
Document Title: "Shiloh Shepherd Breed Standard" also titled "International Shiloh Shepherd Registry Breed Standard"
Current Status: Copy of side 1 (of 2) of approved document can be found on the ISSR website {http://www.shilohshepherds.info/Breedstandard.htm}.
Please Note: The Shiloh Shepherd Library Project web site is not affiliated or associated with any organization or business, nor does it recommend, endorse or support any one breeder, group, organization, or other entity.
©2006-2010 the Shiloh Shepherd Library Project
©2006-2010 the Shiloh Shepherd Library Project