[Mccoypottery-talk] trademark

[mccoy@mccoypottery.com]

Hello:

Sorry, I took a break and had lunch and just now saw your posting.

It is not that it can not be done, it is a matter of not being vested to
do it. i.e. It would require a lot of money, to first hire a designer, a
mold maker, factory workers, a building and a kiln, along with packaging
operation, a distribution setup, a sales force etc, etc, etc.

What it means is the us trademark and patent office requires that a
trademark be used in interstate commerce. You can not register so others
can't.

I can not speak for Nelson McCoy, except to say that he sold the pottery
back in the late 60's and remained as president, which was sold again in
mid 70's, and again in the mid 80's.  Nelson and Billie left the company
in 1981.  They I assume could not trademark what they had sold.

There is not a closed door, just practical sense knowledge of the
trademark process and what it requires beyond $335.00 to file with no
asssurance that it will become registered.

Indeed I am not McCoy Pottery, just an avid collector like the rest on the
list who registered the www.mccoypottery.com in 1997 to provide this
infrastucture we now all enjoy.  It is not a business, just a hobby.

I invested what assets and financial resources I had at age 51 into a
business called Bella Mia, Inc. aka www.bella-mia.com a dedicated internet
service data center.  The list mom is a partner in that business as it's
CEO or better known as the "chief cook and bottle washer". That partner is
my son.  Once agan you all know him as "List Mom".  The list mom has
created and maintains all of the facilities of the site, including the
store, the list, the web site, the forum, etc.

You are not a dunce, just perhaps I was not able to explain properly why
even I with the exposure and presence on the internet via the site
www.mccoypottery.com did not find enough time, resources and energy to do
what it would take to register the mark.  It is more detailed and costly
than just a registration fee. You must be in the business of producing,
marketing and shipping a product that contains the mark in interstate
and/or international commerece. This is verified by documentation to prove
that you are and it is evaluated every year for which you must prove it.

Now this also goes beyond the other factors such as the Designer Accent
company which was the last ower of the product line known as McCoy Pottery
and any legal challenges they may have if someone registered the mark, as
happened to Jensen.

This also goes beyond the factor of policing the usage of the mark by
others as we have been told in the postings that Fenton Glass employs two
people to do just that.

Having said all of that, if I happened to win the lottery, I will be
vested to do the above and register the marks, all of the possible
variations as I have done with the mccoypottery.com, .net, .org, .biz,
.info.....

Cheers!  Terry


> Quita:
> I don't want you to be quiet!  Please!
> Just explain to all of us why it is that it can't be done.  All you and
> Terry have said is that it can't.  I think that everyone on the list would
> like to understand exactly why?  Is it Nelson and Billie?
> Every day Trademarks are registered.  Every day people do these kinds of
> things.
> If the club just doesn't care to explore it, then that needs to be
> explained.
> Every time this subject comes up all we get is a closed door. I think
> everyone would like to know why that door is closed, please?
> Terry, do you own the rights to McCoy Pottery?  Is that the issue?  I just
> don't understand at all.... Sorry I'm being such a dunce.
>
> Jennifer  & Rodney Smith
> Baltimore, Ohio
> <http://www.OhioPotteryandGlassware.com>
> <http://stores.ebay.com/id=1857615&ssPageName=L2>
>
> .
>
>


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