[CPEO-BIF] [Fwd: FW: ALERT!!! "Smart Growth" to be Trademarked!]

[Peter Meyer <pbmeyer@louisville.edu>]

PLEASE ACT ON THIS! You can imagine then consequences for all our
writing and discussions if this sort of a summary phrase can't be used
except with permission.....

Peter B. Meyer

Original Message-from Rich Bell [mailto:ncsmartgrowth@mindspring.com] 
Sent: Friday, June 09, 2000 10:43 AM

This is a very important announcement for Alliance participants and
anyone else who wishes to publicly use the term smart growth in the
future.

Someone has filed an application for a "service mark," similar to a
trademark, with the
U.S. Patent and Trademark Office for use of the phrase "Smart Growth."
The
purpose of the filing is for this person to use the phrase "Smart
Growth" for educational purposes, publications, workshops, consulting,
etc., in the area of land use -- precisely the area in which we operate.

If any organizations are concerned that this might interfere with your
ability to use the term smart growth to further your programs, maintain
your web sites, conduct public education campaigns, etc., then they have
a very short period of time -- exactly one week -- to oppose it.  (This
was brought to our attention by an Assistant Attorney General in
Maryland through their State Office of Planning. Apparently a term which
has been in the public domain this long can still be privately claimed
through trademark. )

According to the USPTO website and staff, a letter of opposition needs
to contain the following:

1) application serial number: 75506221
2) filed as "smart growth"
3) date published: May 16, 2000
4) description of how this exclusive service mark could harm you or your
work

The address to send your letter to is:  Commissioner for Trademarks, Box
TTAB, 2900 Crystal Drive, Arlington, VA 22202-3513.The number of the
U.S. Patent and Trademark Office is 1-800-786-9199.  Their website is
www.uspto.gov.

One can also request an automatic 30 day extension, but it needs to be
filed by June 16.


P.S. - A second application has been filed under serial number 75506221
but it apparently cannot be opposed until it is "published".

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