Rangemaster Trademark

[Dirk_Hendrik]

In yesterdays Thread from hell there was this quote from RG:

Yes, you can. Or at least, you could have if you had beaten Don Butler, the self styled "tone man" to it. He did in fact register "Rangemaster" as a trademark for his Dallas Rangemaster clone. That is why I always am careful to say "Dallas Rangemaster", as he threatened me with both legal action and covert revenge by his brother? cousin? who apparently works for the CIA if I published the schematic for the Dallas Rangemaster on the net. But I digress.

Now, when doing a trademark search on US patent office tells me that this is a dead trademark and abandoned on 22 july 2003:
Rangemaster trademark

Does this mean that this trademark can be reclaimed by someone else?

[R.G.]

Now, when doing a trademark search on US patent office tells me that this is a dead trademark and abandoned on 22 july 2003:

How about that. Don gave up on maintaining it. I guess the exclusivity he wanted didn't happen. Bummer.

Does this mean that this trademark can be reclaimed by someone else?

I believe that yes, that's exactly what that means.

And it's of the same value that it was to Don.

[mlabbee]

In yesterdays Thread from hell there was this quote from RG:

Yes, you can. Or at least, you could have if you had beaten Don Butler, the self styled "tone man" to it. He did in fact register "Rangemaster" as a trademark for his Dallas Rangemaster clone. That is why I always am careful to say "Dallas Rangemaster", as he threatened me with both legal action and covert revenge by his brother? cousin? who apparently works for the CIA if I published the schematic for the Dallas Rangemaster on the net. But I digress.

Now, when doing a trademark search on US patent office tells me that this is a dead trademark and abandoned on 22 july 2003:
Rangemaster trademark

Does this mean that this trademark can be reclaimed by someone else?

Not necessarily.  Trademark rights arise from use and enforcement - the moment you start using a trademark, you get rights in the mark that are senior to anyone who uses the mark after you for similar goods.  

The trademark registry you searched is just that - a registry.  You can, if you wish, register your trademark with the federal government. If you do so, you get certain rights that are not ordinarily available - such as constructive nationwide notice of your claim to the mark, the ability to file suit in federal court, etc. But the basic right exists whether or not you register and even if you abandon yur registration, your continued use of the mark will preserve your rights to it.

Abandonment is a tricky issue - someone can stop using a mark for up to three years before the mark is presumed abandoned - so you could go on hiatus from using the mark and come back three years later (and maybe longer) if you can prove you never abandonded the mark - i.e., actually intended to never use it again.

Trademarks are weird creatures because they are essentially the legal embodiment of your reputation (unlike patents and copyrights, which are much more concrete).

[Dirk_Hendrik]

Thanks!
although sometimes in 'hot" threads, I've been learning a lot over the last 2 days.

[Ge_Whiz]

Thanks heavens "law" bears no resemblance to "logic" - we wouldn't need all those lawyers...  :?

[mlabbee]

Hey - if it wasn't for us lawyers making too much money, there wouldn't be a huge market for people selling $400 boutique stompboxes  

[Paul Perry (Frostwave)]

Quick, someone make a Strangemaster.
Please.

[puretube]

a what: ? a Rangecaster ?

[R.G.]

So mlabbee -

presumably Don Butler didn't pay his reregistration fee or somthing and it simply lapsed - is that how it works? A lapse rather than a positive abandonment?

And if DB is still making Rangemaster (tm) pedals, he could still retain rights, but not the extra layer of remedies that go with registration?

I did just check and the tone-man.com web site still shows a registered symbol by the word.

Did he just not pay the rent?

[mlabbee]

It's very possible that's what happened.  I don't remember the exact dates off hand, but every 5 years or so, you have to file a "statement of use" to show you are still using the mark.  Even if you lose your registration, though, as long as you are using the mark, you still have common law rights to the mark.  Using the circle R without a registration is illegal, though (but the penalty is pretty minimal).