Attached Link: http://www.uspto.gov/web/offices/tac/tmfaq.htm#Basic001

hmmmm JenyK you do know that legally no one is required to register a trademark right? and that in some countries there isn't even a means to do so? Look into MicroSoft vs Digital Divas for a starting point on that. The Owl and the computer mouse are MY trademarks. They are not registered, but according to copyright law they are most assuredly mine as I have been using it for several years. I can prove that use with teh origianl psd files, as well as backups of my websites dating back for years. And of course digimarking. Also registering a trademark doesn't give you precedence over an unregistered trademark that has been in use longer.Therefore if I contacted 'rosity regarding a trademark (or service mark) violation adn nothing was done and I filed a lawsuit on behalf of my trademark, I have to wonder if 'rosity could be held partially liable??

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I do not feel obliged to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use.
-Galileo